Arizona criminal charge
Abduction of child from a state agency in Arizona
Current through 2026 Arizona legislative session
Abduction of child from a state agency is a criminal offense under Arizona law, defined by A.R.S. § 13-1310. Its classification is not fixed: Arizona assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by A.R.S. § 13-1310.
What is the penalty for abduction of child from a state agency in Arizona?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 9 months to 24 months (Failure to return child — standard — A person intentionally fails or refuses to immediately return, or impedes the immediate return of, a child to the lawful custody of the state agency.; presumptive 1.5 years; mitigated 6 months / aggravated 2.5 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Failure to return child — standard — A person intentionally fails or refuses to immediately return, or impedes the immediate return of, a child to the lawful custody of the state agency.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | up to 6 months (Failure to return child — protective parent exception — The child voluntarily left the placement without consent, the person is the child's natural or adoptive parent, and the motive was to protect and care for the child.; definite term served outside state prison (13-707(A)(1)); prior same offense within 2 years elevates to the next higher class (13-707(B))) | discretionary | A.R.S. § 13-707 |
| Fine | up to $2,500 (Failure to return child — protective parent exception — The child voluntarily left the placement without consent, the person is the child's natural or adoptive parent, and the motive was to protect and care for the child.; 13-802(A)) | discretionary | A.R.S. § 13-707 |
| Jail / prison | 2.5 years to 7 years (Taking/enticing/keeping child — taken out of state — The child is taken, enticed, or kept from the state agency's custody and is taken outside of Arizona.; presumptive 3.5 years; mitigated 2 / aggravated 8.75 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Taking/enticing/keeping child — taken out of state — The child is taken, enticed, or kept from the state agency's custody and is taken outside of Arizona.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 18 months to 36 months (Taking/enticing/keeping child — remains in state — The child is taken, enticed, or kept from the state agency's custody but remains in Arizona at all times.; presumptive 2.5 years; mitigated 1 year / aggravated 3.75 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Taking/enticing/keeping child — remains in state — The child is taken, enticed, or kept from the state agency's custody but remains in Arizona at all times.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 6 months to 18 months (Taking/enticing/keeping child — voluntary prompt return — The person voluntarily returns the child without physical injury within forty-eight hours of taking, enticing, or keeping the child.; presumptive 1 year; mitigated .33 years / aggravated 2 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges; a class 6 felony may be designated a class 1 misdemeanor under 13-604) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Taking/enticing/keeping child — voluntary prompt return — The person voluntarily returns the child without physical injury within forty-eight hours of taking, enticing, or keeping the child.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | up to 6 months (Taking/enticing/keeping child — protective parent exception — The child voluntarily left the placement without consent, the person is the child's natural or adoptive parent, and the motive was to protect and care for the child.; definite term served outside state prison (13-707(A)(1)); prior same offense within 2 years elevates to the next higher class (13-707(B))) | discretionary | A.R.S. § 13-707 |
| Fine | up to $2,500 (Taking/enticing/keeping child — protective parent exception — The child voluntarily left the placement without consent, the person is the child's natural or adoptive parent, and the motive was to protect and care for the child.; 13-802(A)) | discretionary | A.R.S. § 13-707 |
Applies to first felony offense, non-dangerous; presumptive term 1.5 years.
How is abduction of child from a state agency classified in Arizona?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Failure to return child — standard | Class 5 Felony | A person intentionally fails or refuses to immediately return, or impedes the immediate return of, a child to the lawful custody of the state agency. | A.R.S. § 13-1310B |
| Failure to return child — protective parent exception | Class 1 Misdemeanor | The child voluntarily left the placement without consent, the person is the child's natural or adoptive parent, and the motive was to protect and care for the child. | A.R.S. § 13-1310B |
| Taking/enticing/keeping child — taken out of state | Class 3 Felony | The child is taken, enticed, or kept from the state agency's custody and is taken outside of Arizona. | A.R.S. § 13-1310C.1 |
| Taking/enticing/keeping child — remains in state | Class 4 Felony | The child is taken, enticed, or kept from the state agency's custody but remains in Arizona at all times. | A.R.S. § 13-1310C.2 |
| Taking/enticing/keeping child — voluntary prompt return | Class 6 Felony | The person voluntarily returns the child without physical injury within forty-eight hours of taking, enticing, or keeping the child. | A.R.S. § 13-1310C.3 |
| Taking/enticing/keeping child — protective parent exception | Class 1 Misdemeanor | The child voluntarily left the placement without consent, the person is the child's natural or adoptive parent, and the motive was to protect and care for the child. | A.R.S. § 13-1310C.4 |
Common questions about abduction of child from a state agency in Arizona
Is abduction of child from a state agency a felony or a misdemeanor in Arizona?
It depends on the circumstances: abduction of child from a state agency ranges from a Class 1 Misdemeanor to a Class 3 Felony in Arizona under A.R.S. § 13-1310.
Failure to return child — standard: Class 5 Felony (A.R.S. § 13-1310B) · Failure to return child — protective parent exception: Class 1 Misdemeanor (A.R.S. § 13-1310B) · Taking/enticing/keeping child — taken out of state: Class 3 Felony (A.R.S. § 13-1310C.1) · Taking/enticing/keeping child — remains in state: Class 4 Felony (A.R.S. § 13-1310C.2) · Taking/enticing/keeping child — voluntary prompt return: Class 6 Felony (A.R.S. § 13-1310C.3) · Taking/enticing/keeping child — protective parent exception: Class 1 Misdemeanor (A.R.S. § 13-1310C.4)
What are the penalties for abduction of child from a state agency in Arizona?
Which Arizona statute covers abduction of child from a state agency?
Abduction of child from a state agency is governed by A.R.S. § 13-1310 (Abduction of child from a state agency; classification; definition).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.