Arizona criminal charge
Smuggling in Arizona
Smuggling is a criminal offense under Arizona law, defined by A.R.S. § 13-2319. 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. § 13-2319.
What is the penalty for smuggling in Arizona?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 18 months to 36 months (Smuggling (base offense) — A violation of this section is generally classified as a class 4 felony.; 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 (Smuggling (base offense) — A violation of this section is generally classified as a class 4 felony.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 4 years to 10 years (Smuggling of unaccompanied minor or involving deadly weapon/dangerous instrument — Applies if the human being smuggled is under eighteen and not accompanied by a family member over eighteen, or the offense involved use of a deadly weapon or dangerous instrument.; presumptive 5 years; mitigated 3 / aggravated 12.5 years available only on at least two mitigating/aggravating circumstances (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 (Smuggling of unaccompanied minor or involving deadly weapon/dangerous instrument — Applies if the human being smuggled is under eighteen and not accompanied by a family member over eighteen, or the offense involved use of a deadly weapon or dangerous instrument.; fine cap for an individual (13-801); drug and other offenses may set higher statute-specific amounts) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 2.5 years to 7 years (Smuggling involving deadly physical force — Applies if the offense involves the use or threatened use of deadly physical force, with limited eligibility for suspension of sentence, probation, pardon, or release until the sentence is served.; 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 (Smuggling involving deadly physical force — Applies if the offense involves the use or threatened use of deadly physical force, with limited eligibility for suspension of sentence, probation, pardon, or release until the sentence is served.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
Applies to first felony offense, non-dangerous; presumptive term 2.5 years.
How is smuggling classified in Arizona?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Smuggling (base offense) | Class 4 Felony | A violation of this section is generally classified as a class 4 felony. | A.R.S. § 13-2319B |
| Smuggling of unaccompanied minor or involving deadly weapon/dangerous instrument | Class 2 Felony | Applies if the human being smuggled is under eighteen and not accompanied by a family member over eighteen, or the offense involved use of a deadly weapon or dangerous instrument. | A.R.S. § 13-2319C.1 |
| Smuggling involving deadly physical force | Class 3 Felony | Applies if the offense involves the use or threatened use of deadly physical force, with limited eligibility for suspension of sentence, probation, pardon, or release until the sentence is served. | A.R.S. § 13-2319C.2 |
Common questions about smuggling in Arizona
Is smuggling a felony or a misdemeanor in Arizona?
It depends on the circumstances: smuggling ranges from a Class 4 Felony to a Class 2 Felony in Arizona under A.R.S. § 13-2319.
Smuggling (base offense): Class 4 Felony (A.R.S. § 13-2319B) · Smuggling of unaccompanied minor or involving deadly weapon/dangerous instrument: Class 2 Felony (A.R.S. § 13-2319C.1) · Smuggling involving deadly physical force: Class 3 Felony (A.R.S. § 13-2319C.2)
What are the penalties for smuggling in Arizona?
Penalties for smuggling in Arizona depend on how it is classified — from a Class 4 Felony up to a Class 2 Felony — with the ranges set by A.R.S. § 13-702; the full table of ranges by variant is published on this page.
Which Arizona statute covers smuggling?
Smuggling is governed by A.R.S. § 13-2319 (Smuggling; classification; definitions).
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.