Arizona criminal charge
Access interference in Arizona
Access interference is a criminal offense under Arizona law, defined by A.R.S. § 13-1305. 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. § 13-1305.
What is the penalty for access interference in Arizona?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 9 months to 24 months (Access interference — child removed from state — The child is removed from this state as a result of the access interference.; 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 (Access interference — child removed from state — The child is removed from this state as a result of the access interference.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | up to 4 months (Access interference — child not removed from state — The access interference occurs but the child is not removed from this state.; definite term served outside state prison (13-707(A)(2)); prior same offense within 2 years elevates to the next higher class (13-707(B))) | discretionary | A.R.S. § 13-707 |
| Fine | up to $750 (Access interference — child not removed from state — The access interference occurs but the child is not removed from this state.; 13-802(B)) | discretionary | A.R.S. § 13-707 |
Applies to first felony offense, non-dangerous; presumptive term 1.5 years.
How is access interference classified in Arizona?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Access interference — child removed from state | Class 5 Felony | The child is removed from this state as a result of the access interference. | A.R.S. § 13-1305B |
| Access interference — child not removed from state | Class 2 Misdemeanor | The access interference occurs but the child is not removed from this state. | A.R.S. § 13-1305B |
Common questions about access interference in Arizona
Is access interference a felony or a misdemeanor in Arizona?
It depends on the circumstances: access interference ranges from a Class 2 Misdemeanor to a Class 5 Felony in Arizona under A.R.S. § 13-1305.
Access interference — child removed from state: Class 5 Felony (A.R.S. § 13-1305B) · Access interference — child not removed from state: Class 2 Misdemeanor (A.R.S. § 13-1305B)
What are the penalties for access interference in Arizona?
Which Arizona statute covers access interference?
Access interference is governed by A.R.S. § 13-1305 (Access interference; 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.