12-511. Civil action arising from criminal conduct; definitions

356 words·~2 min read·/az/title-12/12-511

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. Notwithstanding sections 12-505 and 12-542, if a defendant is charged by a criminal complaint or indictment the statute of limitations for any civil cause of action that is brought by a victim against the defendant for criminal conduct against the victim is extended for one year from the final disposition of the criminal proceedings, regardless of whether the defendant is convicted of criminal conduct against the victim.

B. There is no duty under a policy of insurance to defend or indemnify for any loss resulting from criminal conduct if the civil action is not commenced within the time period that would be applicable without any tolling or extension of the statute of limitations pursuant to this section.

C. This section does not toll or extend any statute of limitations applicable to a civil cause of action brought against the employer or former employer of any defendant who is subject to this section.

D. This section does not shorten any other applicable tolling provisions.

E. In any action brought pursuant to this section, the standard of proof is by the preponderance of the evidence.

F. This section applies to all cases in which the victim files a civil action within one year after the final disposition of the defendant's criminal proceedings, regardless of when the defendant committed the criminal conduct.

G. For the purposes of this section:

1. "Civil cause of action" means any civil claim that the victim could have brought against the defendant for criminal conduct committed against the victim regardless of whether any of these incidents was criminally prosecuted.

2. "Criminal conduct":

(a)Means any act, including all preparatory offenses, in violation of section 13-1103, 13-1104, 13-1105, 13-1202, 13-1203, 13-1204, 13-1208, 13-1304, 13-1404, 13-1405, 13-1406, 13-1410, 13-1417, 13-2314.04, 13-2915, 13-2916, 13-2921, 13-2921.01, 13-3019, 13-3552, 13-3553, 13-3554, 13-3601 or 13-3601.02.

(b)Includes any act involving sexual assault of a spouse that was committed before the effective date of this amendment to this section.

3. "Defendant" means a natural person.

4. "Final disposition" has the same meaning prescribed in sections 8-382 and 13-4401.

5. "Victim" has the same meaning prescribed in sections 8-382 and 13-4401.