ARS 13-823: Dangerous and repeat enterprise offenders
The complete text of A.R.S. § 13-823 on dangerous and repeat enterprise offenders, and how this section is used in Arizona criminal cases. It defines terms and procedure rather than creating an offense.
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What § 13-823 Sets Out
A.R.S. § 13-823 is the Arizona statute on dangerous and repeat enterprise offenders. It sets out procedure and rules rather than defining an offense, so no offense class or sentence attaches to this section on its own.
A. Whether or not an enterprise maintains an effective program to prevent and detect violations of law pursuant to section 13-822, the court may subject an enterprise to five times the maximum fine authorized by section 13-803 if based on any evidence that was introduced before sentencing or that was heard at trial the court finds by a preponderance of the evidence that any of the following applies to the commission of the offense:
- The offense violated a judicial or administrative order or injunction, other than a violation of a condition of probation or that the enterprise or a separately managed line of business violated a condition of probation by engaging in misconduct similar to that for which it was placed on probation.
- The offense involved conduct that was malicious or wanton.
- The offense involved conduct that posed an imminent and substantial hazard to human health or to the environment or resulted in serious actual harm to human health or to the environment and the enterprise continued the conduct after receiving notice.
Full Text of A.R.S. § 13-823
A. Whether or not an enterprise maintains an effective program to prevent and detect violations of law pursuant to section 13-822, the court may subject an enterprise to five times the maximum fine authorized by section 13-803 if based on any evidence that was introduced before sentencing or that was heard at trial the court finds by a preponderance of the evidence that any of the following applies to the commission of the offense:
1. The offense violated a judicial or administrative order or injunction, other than a violation of a condition of probation or that the enterprise or a separately managed line of business violated a condition of probation by engaging in misconduct similar to that for which it was placed on probation.
2. The offense involved conduct that was malicious or wanton.
3. The offense involved conduct that posed an imminent and substantial hazard to human health or to the environment or resulted in serious actual harm to human health or to the environment and the enterprise continued the conduct after receiving notice.
B. For the purposes of this section, an enterprise is deemed to have received notice if an officer, director or high managerial agent has actual knowledge that the enterprise is engaging in the conduct that constitutes a violation of law and the officer, director or high managerial agent knows or is recklessly indifferent to the fact that the conduct is or may be harmful.
Source: Arizona Revised Statutes § 13-823, Arizona Legislative Council revision of 09/19/25. Read the official text on azleg.gov. Statutes change; verify the current version before relying on it.
How § 13-823 Affects an Arizona Case
§ 13-823 usually matters because of how it interacts with the charge someone is actually facing. We read it alongside the charging statute, because a definition or a procedural rule frequently decides what the State must prove, what a judge may impose, or what relief is available afterward.
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Frequently Asked Questions
What is A.R.S. § 13-823?
A.R.S. § 13-823 is the Arizona statute on dangerous and repeat enterprise offenders. It sets out rules that apply across Arizona criminal cases rather than defining a single offense.
Where can I read the official text of § 13-823?
The Arizona Legislature publishes it at azleg.gov, in the revision dated 09/19/25. The complete text is reproduced on this page, and every Arizona criminal statute is searchable on our Arizona Criminal Code index.
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