{"id":11806,"date":"2014-07-22T10:00:24","date_gmt":"2014-07-22T17:00:24","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/?p=11806"},"modified":"2023-02-16T10:23:11","modified_gmt":"2023-02-16T17:23:11","slug":"failure-report-death-ars-11-593","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/blog\/failure-report-death-ars-11-593\/","title":{"rendered":"A.R.S. 11-593: Failure to Report a Death in Arizona"},"content":{"rendered":"
Failure to report death is usually illegal in Arizona. The law states that any person who knows that a human being (or fetus) passed away under certain circumstances is required to report it. They must provide all of the information they know related to the death of that person, to the nearest peace officer.<\/p>\n
It\u2019s important to know which circumstances require reporting, so that you can follow the law accordingly. Failing to report death is a misdemeanor offense in Arizona and comes with serious penalties. If you\u2019ve been in legal trouble with failing to report certain deaths, an attorney can help answer your questions.<\/p>\n
Failure to report a death in Arizona is covered under A.R.S. 11-593<\/a>. According to the statute, you\u2019re required to report the following to a peace officer:<\/p>\n Once you\u2019ve reported the death to the nearest peace officer, they should promptly let a medical examiner know and investigate the circumstances (or notify those who will start an investigation). This doesn\u2019t apply to deaths occurring due to anesthetic or surgical procedures. If there\u2019s no medical examiner in the county where the death was reported, the peace officer should notify the county sheriff.<\/p>\n If you found the body in your home and it\u2019s a relative or friend, you might be responsible for cleaning up. If you are, it\u2019s best to consult a bioremediation<\/a> company instead of attempting cleanup on your own.<\/p>\n A peace officer generally refers to those who have an obligation to enforce laws. This definition includes law enforcement officials such as police, correctional facility personnel, attorney generals<\/a>, juvenile justice professionals, and others.<\/p>\n It can be emotionally draining and shocking to find a dead body, but it\u2019s important to act carefully if it happens to you. Here are the steps to take in that situation:<\/p>\n According to Arizona law, a person who is aware of a dead body that meets the descriptions mentioned earlier, and knowingly fails to report it as soon as they can (without having good reason to think it was already reported) has committed a class 2 misdemeanor crime. Other class 2 misdemeanor offenses include criminal damage, assault, and reckless driving. Failure to report death carries a $750 fine, up to 4 months in jail, and 2 years of probation.<\/p>\n According to ARS 11-593, the crime of failing to report a death requires that you knowingly refused to report it. An experienced criminal defense attorney may be able to show that you didn\u2019t realize what you were doing when you failed to report the incident. In other cases, a lawyer may be able to exert that you acted the way you needed to in the particular situation to prevent a crime or to respond to an emergency.<\/p>\n Here are some more common questions regarding how to handle a death in Arizona:<\/p>\n Q: Who is responsible for final arrangements and decisions after someone has died?<\/strong> Q: Is it illegal to keep my loved one\u2019s body in my house after they\u2019ve died? <\/strong> Q: What do I do if I need to move the remains?<\/strong> If you failed to report a death and are facing legal trouble as a result, it\u2019s important to speak with a criminal defense attorney<\/a>. They\u2019ll take the time necessary to answer your questions, explain what charges you\u2019re up against, and what they can do to help. The sooner you can get a legal professional on your side, the better.<\/p>\n\n
Who Counts as a Peace Officer?<\/h2>\n
What to Do if You Find a Body<\/h2>\n
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Penalties for Failure to Report Death in Arizona<\/h2>\n
Possible Defenses to Failure to Report Death<\/h2>\n
Frequently Asked Questions on Death Arrangements<\/h2>\n
\nA: If you\u2019ve found the body of a dead spouse, it\u2019s your right to make the decisions related to funeral services and what\u2019s to be done with their body. Otherwise, the right goes to the person\u2019s agent who is acting under a legally valid power of attorney. In cases where neither apply, the decedent\u2019s adult children or other relatives will make the final decisions.<\/p>\n
\nA: It\u2019s legal to have a loved one\u2019s body in your house (in all states) after they\u2019ve passed on. Arizona law doesn\u2019t require that you involve a funeral director in the arrangements for the body. It\u2019s only required that a body disposition permit go to a responsible person, which can include a funeral director.<\/p>\n
\nA: Before handling the remains or moving the person\u2019s body out of state, you\u2019ll need to get a disposition-transit permit, which requires an official copy of the death certificate.<\/p>\nWhat to Do if You’re Facing Failure to Report a Death Charges<\/h2>\n