riot; planning; participation; racketeering

SB1093 - 572R - S Ver

Senate Engrossed

riot; planning;
participation; racketeering

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SENATE BILL 1093

AN
ACT

AMENDING SECTIONS 13-1003, 13-2301
and 13-2903, ARIZONA REVISED STATUTES; RELATING TO RIOTING.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 13-1003, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-1003.

Conspiracy; classification

A. A person commits conspiracy if, with the intent
to promote or aid the commission of an offense, such person agrees with one or
more persons that at least one of them or another person will engage in conduct
constituting the offense and one of the parties commits an overt act in
furtherance of the offense, except that an overt act shall not be required if
the object of the conspiracy was to commit any felony
upon

on
the person of another, or to commit an offense under
section 13-1508
,

or
13-1704

or 13-2903
.

B. If a person guilty of conspiracy, as defined in
subsection A of this section, knows or has reason to know that a person with
whom such person conspires to commit an offense has conspired with another
person or persons to commit the same offense, such person is guilty of
conspiring to commit the offense with such other person or persons, whether or
not such person knows their identity.

C. A person who conspires to commit a number of
offenses is guilty of only one conspiracy if the multiple offenses are the
object of the same agreement or relationship and the degree of the conspiracy
shall be determined by the most serious offense conspired to.

D. Conspiracy to commit a class 1 felony is
punishable by a sentence of life imprisonment without possibility of release on
any basis until the service of twenty-five years, otherwise, conspiracy
is an offense of the same class as the most serious offense which is the object
of or result of the conspiracy.
END_STATUTE

Sec. 2. Section 13-2301, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-2301.

Definitions

A. For the purposes of
sections 13-2302, 13-2303 and 13-2304:

1. "Collect an extension of credit" means
to induce in any way any person to make repayment of that extension.

2. "Creditor"
means any person making an extension of credit or any person claiming by, under
or through any person making an extension of credit.

3. "Debtor"
means any person to whom an extension of credit is made or any person who
guarantees the repayment of an extension of credit, or in any manner undertakes
to indemnify the creditor against loss resulting from the failure of any person
to whom an extension is made to repay the extension.

4. "Extend
credit" means to make or renew any loan or to enter into any agreement,
tacit or express, whereby the repayment or satisfaction of any debt or claim,
whether acknowledged or disputed, valid or invalid, and however arising, may or
shall be deferred.

5. "Extortionate extension of credit"
means any extension of credit with respect to which it is the understanding of
the creditor and the debtor when the extension is made that delay in making
repayment or failure to make repayment could result in the use of violence or
other criminal means to cause harm to the person or the reputation or property
of any person.

6. "Extortionate
means" means the use, or an express or implicit threat of use, of violence
or other criminal means to cause harm to the person or the reputation or
property of any person.

7. "Repayment of any extension of credit"
means the repayment, satisfaction or discharge in whole or in part of any debt
or claim, acknowledged or disputed, valid or invalid, resulting from or in
connection with that extension of credit.

B. For the purposes of section 13-2305, 13-2306
or 13-2307:

1. "Dealer in property" means a person who
buys and sells property as a business.

2. "Stolen property" means property of
another as defined in section 13-1801 that has been the subject of any
unlawful taking.

3. "Traffic" means to sell, transfer,
distribute, dispense or otherwise dispose of stolen property to another person,
or to buy, receive, possess or obtain control of stolen property, with the
intent to sell, transfer, distribute, dispense or otherwise dispose of the
property to another person.

C. For the purposes of
this chapter:

1. "Animal
activity" means a commercial enterprise that uses animals for food,
clothing or fiber production, agriculture or biotechnology.

2. "Animal
facility" means a building or premises where a commercial activity in
which the use of animals is essential takes place, including a zoo, rodeo,
circus, amusement park, hunting preserve and horse and dog event.

3. "Animal or ecological terrorism" means
any felony in violation of section 13-2312, subsection B that involves at
least three persons acting in concert, that involves the intentional or knowing
infliction of property damage in an amount of more than $10,000 to the property
that is used by a person for the operation of a lawfully conducted animal
activity or to a commercial enterprise that is engaged in a lawfully operated
animal facility or research facility and that involves either:

(a) The use of a deadly
weapon or dangerous instrument.

(b) The intentional or
knowing infliction of serious physical injury on a person engaged in a lawfully
conducted animal activity or participating in a lawfully conducted animal
facility or research facility.

4. "Biological
agent" means any microorganism, virus, infectious substance or biological
product that may be engineered through biotechnology or any naturally occurring
or bioengineered component of any microorganism, virus, infectious substance or
biological product and that is capable of causing any of the following:

(a) Death, disease or
physical injury in a human, animal, plant or other living organism.

(b) The deterioration or
contamination of air, food, water, equipment, supplies or material of any kind.

5. "Combination"
means persons who collaborate in carrying on or furthering the activities or
purposes of a criminal syndicate even though such persons may not know each
other's identity, membership in the combination changes from time to time or
one or more members may stand in a wholesaler-retailer or other arm's
length relationship with others as to activities or dealings between or among
themselves in an illicit operation.

6. "Communication
service provider" has the same meaning prescribed in section 13-3001.

7. "Criminal syndicate" means any
combination of persons or enterprises engaging, or having the purpose of
engaging, on a continuing basis in conduct that violates any one or more
provisions of any felony statute of this state.

8. "Explosive
agent" means an explosive as defined in section 13-3101 and
flammable fuels or fire accelerants in amounts over fifty gallons but excludes:

(a) Fireworks as defined
in section 36-1601.

(b) Firearms.

(c) A propellant
actuated device or propellant actuated industrial tool.

(d) A device that is
commercially manufactured primarily for the purpose of illumination.

(e) A rocket having a
propellant charge of less than four ounces.

9. "Material support or resources"
includes money or other financial securities, financial services, lodging,
sustenance, training, safehouses, false documentation or identification,
communications equipment, facilities, weapons, lethal substances, explosives,
personnel, transportation, disguises and other physical assets but does not
include medical assistance, legal assistance or religious materials.

10. "Public establishment" means a
structure, vehicle or craft that is owned, leased or operated by any of the
following:

(a) This state or a political subdivision as defined
in section 38-502.

(b) A public agency as defined in section 38-502.

(c) The federal
government.

(d) A health care
institution as defined in section 36-401.

(e) A private
educational institution.

11. "Research
facility" means a laboratory, institution, medical care facility,
government facility, public or private educational institution or nature
preserve at which a scientific test, experiment or investigation involving the
use of animals is lawfully carried out, conducted or attempted.

12. "Terrorism"
means any felony, including any completed or preparatory offense, that involves
the use of a deadly weapon or a weapon of mass destruction or the intentional
or knowing infliction of serious physical injury with the intent to do any of
the following:

(a) Influence the policy or affect the conduct of
this state or any of the political subdivisions, agencies or instrumentalities
of this state.

(b) Cause substantial damage to or substantial
interruption of public communications, communication service providers, public
transportation, common carriers, public utilities, public establishments or
other public services.

(c) Intimidate or coerce a civilian population.

(d) Further the goals, desires, aims, public
pronouncements, manifestos or political objectives of any terrorist
organization.

13. "Terrorist organization" means any
organization that is designated by the United States department of state as a
foreign terrorist organization under section 219 of the immigration and
nationality act (8 United States Code section 1189).

14. "Toxin"
means the toxic material of plants, animals, microorganisms, viruses, fungi or
infectious substances or a recombinant molecule, whatever its origin or method
of reproduction, including:

(a) Any poisonous substance or biological product
that may be engineered through biotechnology and that is produced by a living
organism.

(b) Any poisonous isomer or biological product,
homolog or derivative of such a substance.

15. "Vector"
means a living organism or molecule, including a recombinant molecule or
biological product that may be engineered through biotechnology, that is
capable of carrying a biological agent or toxin to a host.

16. "Weapon of mass
destruction" means:

(a) Any device or object
that is designed or that the person intends to use to cause multiple deaths or
serious physical injuries through the use of an explosive agent or the release,
dissemination or impact of a toxin, biological agent or poisonous chemical, or
its precursor, or any vector.

(b) Except
as authorized and used in accordance with a license, registration or exemption
by the department of health services pursuant to section 30-672, any
device or object that is designed or that the person intends to use to release
radiation or radioactivity at a level that is dangerous to human life.

D. For the purposes of
sections 13-2312, 13-2313, 13-2314 and 13-2315, unless
the context otherwise requires:

1. "Control",
in relation to an enterprise, means the possession of sufficient means to allow
substantial direction over the affairs of an enterprise and, in relation to
property, means to acquire or possess.

2. "Enterprise"
means any corporation, partnership, association, labor union or other legal
entity or any group of persons associated in fact although not a legal entity.

3. "Financial institution" means a banking
or securities regulatory agency of the United States, a business coming within
the definition of a bank, financial agency or financial institution as
prescribed by 31 United States Code section 5312 or 31 Code of Federal
Regulations section 1010.100 or a business under the jurisdiction of the
securities division of the corporation commission, the state real estate
department or the department of insurance and financial institutions.

4. "Racketeering"
means any act, including any preparatory or completed offense, that is
chargeable or indictable under the laws of the state or country in which the
act occurred and, if the act occurred in a state or country other than this
state, that would be chargeable or indictable under the laws of this state if
the act had occurred in this state, and that would be punishable by
imprisonment for more than one year under the laws of this state and, if the
act occurred in a state or country other than this state, under the laws of the
state or country in which the act occurred, regardless of whether the act is
charged or indicted, and the act involves
either

any of the following
:

(a) Terrorism, animal
terrorism or ecological terrorism that results or is intended to result in a
risk of serious physical injury or death.

(
b
) riot.

(b)

(
c
)
Any of the following acts
if committed for financial gain:

(i) Homicide.

(ii) Robbery.

(iii) Kidnapping.

(iv) Forgery.

(v) Theft.

(vi) Bribery.

(vii) Gambling.

(viii) Usury.

(ix) Extortion.

(x) Extortionate
extensions of credit.

(xi) Prohibited drugs,
marijuana or other prohibited chemicals or substances.

(xii) Trafficking in
explosives, weapons or stolen property.

(xiii) Participating in
a criminal syndicate.

(xiv) Obstructing or
hindering criminal investigations or prosecutions.

(xv) Asserting false
claims, including false claims asserted through fraud or arson.

(xvi) Intentional or
reckless false statements or publications concerning land for sale or lease or
sale of subdivided lands or sale and mortgaging of unsubdivided lands.

(xvii) Resale of realty
with intent to defraud.

(xviii) Intentional or
reckless fraud in the purchase or sale of securities.

(xix) Intentional or
reckless sale of unregistered securities or real property securities.

(xx) A scheme or
artifice to defraud.

(xxi) Obscenity.

(xxii) Sexual
exploitation of a minor.

(xxiii) Prostitution.

(xxiv) Restraint of trade or commerce in violation
of section 34-252.

(xxv) Terrorism.

(xxvi) Money laundering.

(xxvii) Obscene or indecent telephone communications
to minors for commercial purposes.

(xxviii) Counterfeiting
marks as proscribed in section 44-1453.

(xxix) Animal terrorism
or ecological terrorism.

(xxx) Smuggling of human
beings.

(xxxi) Child sex trafficking.

(xxxii) Sex trafficking.

(xxxiii) Trafficking of
persons for forced labor or services.

(xxxiv) Manufacturing,
selling or distributing misbranded drugs in violation of section 13-3406,
subsection A, paragraph 9.

(xxxv) Holding an unauthorized racing meeting as
proscribed in section 5-107.01.

5. "Records"
means any book, paper, writing, computer program, data, image or information
that is collected, recorded, preserved or maintained in any form of storage
medium.

6. "Remedy
racketeering" means to enter a civil judgment pursuant to this chapter or
chapter 39 of this title against property or a person who is subject to
liability, including liability for injury to the state that is caused by racketeering
or by actions in concert with racketeering.

E. For
the purposes of sections 13-2316, 13-2316.01 and 13-2316.02:

1. "Access"
means to instruct, communicate with, store data in, retrieve data from or
otherwise make use of any resources of a computer, computer system or network.

2. "Access
device" means any card, token, code, account number, electronic serial
number, mobile or personal identification number, password, encryption key,
biometric identifier or other means of account access, including a canceled or
revoked access device, that can be used alone or in conjunction with another
access device to obtain money, goods, services, computer or network access or
any other thing of value or that can be used to initiate a transfer of any
thing of value.

3. "Computer"
means an electronic device that performs logic, arithmetic or memory functions
by the manipulations of electronic or magnetic impulses and includes all input,
output, processing, storage, software or communication facilities that are
connected or related to such a device in a system or network.

4. "Computer contaminant" means any set of
computer instructions that is designed to modify, damage, destroy, record or
transmit information within a computer, computer system or network without the
intent or permission of the owner of the information, computer system or
network. Computer contaminant includes a group of computer
instructions, such as viruses or worms, that is self-replicating or self-propagating
and that is designed to contaminate other computer programs or computer data,
to consume computer resources, to modify, destroy, record or transmit data or
in some other fashion to usurp the normal operation of the computer, computer
system or network.

5. "Computer program" means a series of
instructions or statements, in a form acceptable to a computer, that allow the
functioning of a computer system in a manner designed to provide appropriate
products from the computer system.

6. "Computer software" means a set of
computer programs, procedures and associated documentation concerned with the
operation of a computer system.

7. "Computer
system" means a set of related, connected or unconnected computer
equipment, devices and software, including storage, media and peripheral
devices.

8. "Critical infrastructure resource"
means any computer or communications system or network that is involved in
providing services necessary to ensure or protect the public health, safety or
welfare, including services that are provided by any of the following:

(a) Medical personnel and institutions.

(b) Emergency services agencies.

(c) Public and private utilities, including water,
power, communications and transportation services.

(d) Fire departments,
districts or volunteer organizations.

(e) Law enforcement
agencies.

(f) Financial
institutions.

(g) Public educational
institutions.

(h) Government agencies.

9. "False or
fraudulent pretense" means the unauthorized use of an access device or the
use of an access device to exceed authorized access.

10. "Financial
instrument" means any check, draft, money order, certificate of deposit,
letter of credit, bill of exchange, credit card or marketable security or any
other written instrument as defined in section 13-2001 that is
transferable for value.

11. "Network"
includes a complex of interconnected computer or communication systems of any
type.

12. "Property"
means financial instruments, information, including electronically produced
data, computer software and programs in either machine or human readable form,
and anything of value, tangible or intangible.

13. "Proprietary or confidential computer
security information" means information about a particular computer,
computer system or network that relates to its access devices, security
practices, methods and systems, architecture, communications facilities,
encryption methods and system vulnerabilities and that is not made available to
the public by its owner or operator.

14. "Services" includes computer time,
data processing, storage functions and all types of communication functions.
END_STATUTE

Sec. 3. Section 13-2903, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-2903.

Riot; classification

A. A person commits riot if, with two or more other
persons acting together, such person recklessly uses force or violence or
threatens to use force or violence, if such threat is accompanied by immediate
power of execution, which
either
disturbs the public
peace
or results in damage to the property of another person
.

B. Riot is a class 5 felony.
END_STATUTE