Arizona criminal charge
Excavating certain sites in Arizona
Excavating certain sites is a criminal offense under Arizona law, defined by A.R.S. § 13-3702.01. 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. § 13-3702.01.
What is the penalty for excavating certain sites in Arizona?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 9 months to 24 months (Excavating without permit — first violation — A person knowingly excavates in violation of section 41-841(A) without obtaining a permit required under section 41-842, for a first offense.; 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 (Excavating without permit — first violation — A person knowingly excavates in violation of section 41-841(A) without obtaining a permit required under section 41-842, for a first offense.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 2.5 years to 7 years (Excavating without permit — second or subsequent violation — A person commits a second or subsequent violation of knowingly excavating without a required permit under section 41-841(A)/41-842.; 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 (Excavating without permit — second or subsequent violation — A person commits a second or subsequent violation of knowingly excavating without a required permit under section 41-841(A)/41-842.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | up to 6 months (Collecting archaeological specimen unlawfully — A person knowingly collects an archaeological specimen in violation of section 41-841(B).; 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 (Collecting archaeological specimen unlawfully — A person knowingly collects an archaeological specimen in violation of section 41-841(B).; 13-802(A)) | discretionary | A.R.S. § 13-707 |
Applies to first felony offense, non-dangerous; presumptive term 1.5 years.
How is excavating certain sites classified in Arizona?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Excavating without permit — first violation | Class 5 Felony | A person knowingly excavates in violation of section 41-841(A) without obtaining a permit required under section 41-842, for a first offense. | A.R.S. § 13-3702.01A |
| Excavating without permit — second or subsequent violation | Class 3 Felony | A person commits a second or subsequent violation of knowingly excavating without a required permit under section 41-841(A)/41-842. | A.R.S. § 13-3702.01A |
| Collecting archaeological specimen unlawfully | Class 1 Misdemeanor | A person knowingly collects an archaeological specimen in violation of section 41-841(B). | A.R.S. § 13-3702.01B |
Common questions about excavating certain sites in Arizona
Is excavating certain sites a felony or a misdemeanor in Arizona?
It depends on the circumstances: excavating certain sites ranges from a Class 1 Misdemeanor to a Class 3 Felony in Arizona under A.R.S. § 13-3702.01.
Excavating without permit — first violation: Class 5 Felony (A.R.S. § 13-3702.01A) · Excavating without permit — second or subsequent violation: Class 3 Felony (A.R.S. § 13-3702.01A) · Collecting archaeological specimen unlawfully: Class 1 Misdemeanor (A.R.S. § 13-3702.01B)
What are the penalties for excavating certain sites in Arizona?
Which Arizona statute covers excavating certain sites?
Excavating certain sites is governed by A.R.S. § 13-3702.01 (Excavating certain sites; collecting certain specimens; classification).
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.