Capital Sentencing Guide

A.R.S. § 13-751(F)(14)

A.R.S. § 13-751(F)(14) - USE OF A REMOTE STUN GUN

A.R.S. § 13-751(F)(14) provides that it shall be an aggravating circumstance where “the defendant used a remote stun gun or an authorized remote stun gun in the commission of the offense.”

An “authorized remote stun gun” is a “remote stun gun that has all of the following: 
    (i) An electrical discharge that is less than one hundred thousand volts and less than nine joules of energy per pulse[;] 
    (ii) A serial or identification number on all projectiles that are discharged from the remote stun gun[;] 
    (iii) An identification and tracking system that, on deployment of remote electrodes, disperses coded material that is traceable to the purchaser through records that are kept by the manufacturer on all remote stun guns and all individual cartridges sold[;] 
    (iv) A training program that is offered by the manufacturer.” A.R.S. § 13-751(F)(14)(a).

A “remote stun gun” is defined as “an electronic device that emits an electrical charge and that is designed and primarily employed to incapacitate a person or animal either through contact with electrodes on the device itself or remotely through wired probes that are attached to the device or through a spark, plasma, ionization or other conductive means emitting from the device.”  A.R.S. § 13-751(F)(14)(b).

History: The Arizona Legislature amended the capital sentencing statute in 2005 to include this aggravating circumstance.  The effective date was August 12, 2005.

No case has reviewed this factor to date.


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