ARS 13-1203 A2 Interpretation
In State v. Sanders, 205 Ariz. 208, P 19, 68 P.3d 434, 440 (App. 2003), the defendant was initially indicted for assault of a police officer pursuant to A.R.S. 13-1203(A)(3). 205 Ariz. 208, P 5, 68 P.3d at 438.
"The elements of this offense include a showing that defendant knew he touched the officer and that his intention in doing so was to injure, insult or provoke." Id. P 31.
The indictment was later amended, however, to charge the defendant with assault under a different subsection of the statute, 13-1203(A)(2). Sanders, 205 Ariz. 208, PP 9-10, 68 P.3d at 438.
The elements of that offense require that the defendant "intentionally placed the officer in reasonable apprehension of imminent physical injury . . . and require a showing of an intent on the part of the defendant to create fear of injury." Id. P 32.
The Sanders court concluded that 13-1203(A)(3) and 13-1203(A)(2) had different elements and were therefore "distinctly different crimes." 205 Ariz. 208, P 33, 68 P.3d at 442-43.
Hence, the court concluded the amendment was impermissible because it "changed the nature of the originally charged offense." Id.