Arizona criminal charge
Unlawful residency in Arizona
Unlawful residency is a criminal offense under Arizona law, defined by A.R.S. § 13-3727. 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. § 13-3727.
What is the penalty for unlawful residency in Arizona?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 6 months (Unlawful residency - first violation — Applies generally to a person who violates subsection A, unless it is a second or subsequent violation of A.2 or A.3.; 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 (Unlawful residency - first violation — Applies generally to a person who violates subsection A, unless it is a second or subsequent violation of A.2 or A.3.; 13-802(A)) | discretionary | A.R.S. § 13-707 |
| Jail / prison | 6 months to 18 months (Unlawful residency - second or subsequent violation (near former victim) — Applies when a person commits a second or subsequent violation of subsection A, paragraph 2 or 3 (knowingly or otherwise establishing residence within 1,000 feet of a former victim's residence).; 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 (Unlawful residency - second or subsequent violation (near former victim) — Applies when a person commits a second or subsequent violation of subsection A, paragraph 2 or 3 (knowingly or otherwise establishing residence within 1,000 feet of a former victim's residence).; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
Applies to current.
How is unlawful residency classified in Arizona?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Unlawful residency - first violation | Class 1 Misdemeanor | Applies generally to a person who violates subsection A, unless it is a second or subsequent violation of A.2 or A.3. | A.R.S. § 13-3727G |
| Unlawful residency - second or subsequent violation (near former victim) | Class 6 Felony | Applies when a person commits a second or subsequent violation of subsection A, paragraph 2 or 3 (knowingly or otherwise establishing residence within 1,000 feet of a former victim's residence). | A.R.S. § 13-3727G |
Common questions about unlawful residency in Arizona
Is unlawful residency a felony or a misdemeanor in Arizona?
It depends on the circumstances: unlawful residency ranges from a Class 1 Misdemeanor to a Class 6 Felony in Arizona under A.R.S. § 13-3727.
Unlawful residency - first violation: Class 1 Misdemeanor (A.R.S. § 13-3727G) · Unlawful residency - second or subsequent violation (near former victim): Class 6 Felony (A.R.S. § 13-3727G)
What are the penalties for unlawful residency in Arizona?
Which Arizona statute covers unlawful residency?
Unlawful residency is governed by A.R.S. § 13-3727 (Unlawful residency; persons convicted of criminal offenses; exceptions; preemption; 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.