Arizona statute

A.R.S. § 13-3726 — Unauthorized use of the name, portrait or picture of a deceased soldier; civil action; exceptions; classification; definition

Current through 57th Legislature, 1st Regular Session (2025)

Part of Chapter 37: Miscellaneous Offenses, Arizona Revised Statutes.

Criminal charges under this statute

Unauthorized use of the name, portrait or picture of a deceased soldier

Full text of A.R.S. § 13-3726

Statutory text current through the 57th Legislature, 1st Regular Session (2025). This publication reproduces the official statutory text published by the Arizona Legislature (Arizona Legislative Council compilation, azleg.gov); it is not the official statutes of the State of Arizona.

A.R.S. § 13-3726Primary source, current through the 57th Legislature, 1st Regular Session (2025)

A. A person shall not knowingly use the name, portrait or picture of a deceased soldier for the purpose of advertising for the sale of any goods, wares or merchandise or for the solicitation of patronage for any business without having obtained prior consent to the use by the soldier or by the soldier's spouse, immediate family member, trustee if the soldier is a minor or legally designated representative. B. Any person who is injured by the use of the name, portrait or picture of a deceased soldier in violation of subsection A of this section may bring a civil action against the person who committed the violation pursuant to section 12-761. C. This section does not apply to the following: 1. The use of a soldier's name, portrait or picture in an attempt to portray, describe or impersonate that soldier in a live performance, a single and original work of fine art, a play, book, article, musical work or film or on radio, television or other audio or audiovisual work if the performance, musical work, play, book, article or film does not itself constitute a commercial advertisement for any goods, wares or merchandise. 2. The use of a soldier's name, portrait or picture for noncommercial purposes, including any news, public affairs or sports broadcast or account. 3. The use of a soldier's name in truthfully identifying the soldier as the author of a particular work or program or as the performer in a particular performance. 4. Any promotional materials, advertisements or commercial announcements for a use described in paragraph 1, 2 or 3. 5. The use of photographs, video recordings and images by a person, firm or corporation practicing the profession of photography to exhibit, in or about the professional photographer's place of business or portfolio, specimens of the professional photographer's work, unless the exhibition is continued by the professional photographer after written notice objecting to the exhibition by the portrayed soldier or a person who may enforce the soldier's rights and remedies. 6. A soldier's picture or portrait that is not facially identifiable. 7. A photograph of a monument or a memorial that is placed on any goods, wares or merchandise. D. A person who violates this section is guilty of a class 1 misdemeanor. E. For the purposes of this section, "soldier" means any active duty member or former member of the armed forces of the United States, including any member who was killed in the line of duty.

Official sources

Legal terms used in this section

Questions this section answers

Is unauthorized use of the name, portrait or picture of a deceased soldier a felony or a misdemeanor in Arizona?

Unauthorized use of the name, portrait or picture of a deceased soldier is a Class 1 Misdemeanor in Arizona under A.R.S. § 13-3726.

Which Arizona statute covers unauthorized use of the name, portrait or picture of a deceased soldier?

Unauthorized use of the name, portrait or picture of a deceased soldier is governed by A.R.S. § 13-3726 (Unauthorized use of the name, portrait or picture of a deceased soldier; civil action; exceptions; classification; definition).

This reference is informational and is not legal advice.