Read the full stored bill text
HB2043 - 572R - H Ver
House Engrossed
felony murder; unborn
child
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HOUSE BILL 2043
AN
ACT
amending section 13-1105, Arizona
Revised Statutes; relating to homicide.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-1105, Arizona Revised
Statutes, is amended to read:
START_STATUTE
13-1105.
First degree murder; classification
A. A person commits first degree murder if:
1. Intending or knowing that the person's conduct
will cause death, the person causes the death of another person, including an
unborn child, with premeditation or, as a result of causing the death of
another person with premeditation, causes the death of an unborn child.
2. Acting either alone or with one or more other
persons the person commits or attempts to commit sexual conduct with a minor
under section 13-1405, sexual assault under section 13-1406,
molestation of a child under section 13-1410, terrorism under section 13-2308.01,
marijuana offenses under section 13-3405, subsection A, paragraph 4,
dangerous drug offenses under section 13-3407, subsection A, paragraphs 4
and 7, narcotics offenses under section 13-3408, subsection A, paragraph
7 that equal or exceed the statutory threshold amount for each offense or
combination of offenses, involving or using minors in drug offenses under
section 13-3409, drive by shooting under section 13-1209, kidnapping
under section 13-1304, burglary under section 13-1506, 13-1507
or 13-1508, arson under section 13-1703 or 13-1704, robbery
under section 13-1902, 13-1903 or 13-1904, escape under
section 13-2503 or 13-2504, child abuse under section 13-3623,
subsection A, paragraph 1 or unlawful flight from a pursuing law enforcement vehicle
under section 28-622.01 and, in the course of and in furtherance of the
offense or immediate flight from the offense, the person or another person
causes the death of any person
, including an unborn child
.
3. Intending or knowing that the person's conduct
will cause death to a law enforcement officer, the person causes the death of a
law enforcement officer who is in the line of duty.
B. Homicide, as prescribed in subsection A,
paragraph 2 of this section, requires no specific mental state other than what
is required for the commission of any of the enumerated felonies.
C. An offense under subsection A, paragraph 1
or 2
of this section applies to an unborn child in the womb at
any stage of its development.� A person shall not be prosecuted under
subsection A, paragraph 1 of this section if any of the following applies:
1. The person was performing an abortion for which
the consent of the pregnant woman, or a person authorized by law to act on the
pregnant woman's behalf, has been obtained or for which the consent was implied
or authorized by law.
2. The person was performing medical treatment on
the pregnant woman or the pregnant woman's unborn child.
3. The person was the unborn child's mother.
D. First degree murder is a class 1 felony and is
punishable by death or life imprisonment as provided by sections 13-751 and 13-752.
END_STATUTE