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10.13.P.1 Unsafe School Choice

Section 10.13 - Policy


Definitions and Examples

Definition  of  Violent Criminal  Offense
Violent crimes are defined in Title 13 of the Arizona Revised Statutes (A.R.S.).  A.R.S. Title 13 Definitions and listings of relevant violent crime follows:

13-604.04.  Violent crimes: allegation; definition
B. For the purpose of this section, "violent crime" includes any criminal act that results in death or physical injury or any criminal use of a deadly weapon or dangerous instrument.

13-105.  Definitions
6. "Crime" means a misdemeanor or a felony.
11. "Dangerous instrument" means anything that under the circumstances in which it is used, attempted to be used or threatened to be used is readily capable of causing death or serious physical injury.
13. "Deadly weapon" means anything designed for lethal use. The term includes a firearm.
29. "Physical injury" means the impairment of physical condition.

13-4401. Definitions
19. "Victim" means a person against whom the criminal offense has been committed, or if the person is killed or incapacitated, the person's immediate family or other lawful representative, except if the person is in custody for an offense or is the accused.

Offenses  in  Title  13  that  Require  an Offer  to  Transfer  to  the  Victim
These statutes would apply in the event the crime is an attempt and the victim does not die.
13-1102  Manslaughter. Class 2 felony.
13-1103  Negligent Homicide. Class 4 felony.
13-1104  Second Degree Murder. Class 1 felony. 
13-1105  First Degree Murder. Class 1 felony.

Offenses  in  Title  13  that  Require  an Offer  to  Transfer  to  the  Victim
13-1201  Endangerment (with deadly weapon or dangerous instrument). Class 6 felony or Class 1 misdemeanor.
13-1203  Assault.  Para  (A)(1). (With physical injury). Class 1 misdemeanor. 
13-1204  Aggravated Assault. Class 2-6 felony.
13-1205  Unlawfully Administering Intoxicating Liquors, Narcotic Drug, or Dangerous Drug. (With physical injury) Class 5 felony.
                      Narcotic Drug, or Dangerous Drug. (With physical injury) Class 5 felony.
13-1209  Drive by Shooting. Class 2 felony.
13-1304  Kidnapping. (A)(3) Class 2 felony.
13-1406  Sexual Assault. Class 2 felony.
13-1703  Arson of an Occupied Structure. Class 2 felony.
13-1902  Robbery. Class 4 felony.
13-1903  Aggravated robbery. Class 3 felony 13-1904 Armed Robbery. Class 2 felony.
13-2904  Disorderly Conduct. Involving a deadly weapon or dangerous instrument. Class 6 felony.
13-3102  Misconduct Involving Weapons (A)(9). Class 3 felony.
13-3103  Depositing Explosives. Class 4 felony.
13-3110  Misconduct Involving Simulated Explosive Devices. Class 1 misdemeanor.
13-3704  Adding Poison or Other Harmful Substance to Food, Drink or Medicine. Class 6 felony.

Specific  Definition  of  Persistently  Dangerous  School  Label 
(Adopted by Arizona State Board 6-26-06)

A persistently dangerous school is any school that has four (4) or more firearms brought to campus in the baseline analysis (2000-01 data) and an average of four (4) incidents of firearms brought to campus under the Gun Free School Act (with or without modification as allowed in the law) for school year (SY) 00-01 and SY 01-02, unless objective explanatory data or prevention data submitted by a school to the Arizona Department of Education (ADE) Student Services Division allows exemption.  Schools that are identified as "persistently dangerous" will be required to provide all students with the option to transfer (within the District).