38-510. Penalties
A. A person who:
1. Intentionally or knowingly violates any provision of sections 38-503 through 38-505 is guilty of a class 6 felony.
2. Recklessly or negligently violates any provision of sections 38-503 through 38-505 is guilty of a class 1 misdemeanor.
B. A person found guilty of an offense described in subsection A of this section shall forfeit his public office or employment if any.
C. It is no defense to a prosecution for a violation of sections 38-503 through 38-505 that the public officer or employee to whom a benefit is offered, conferred or agreed to be conferred was not qualified or authorized to act in the desired way.
D. It is a defense to a prosecution for a violation of sections 38-503 through 38-505 that the interest charged to be substantial was a remote interest.
Structure Arizona Revised Statutes
Title 38 - Public Officers and Employees
§ 38-201 - General qualifications
§ 38-211 - Nominations by governor; consent of senate; appointment
§ 38-212 - Limitation on appointments
§ 38-221 - Commission of office
§ 38-231 - Officers and employees required to take loyalty oath; form; classification; definition
§ 38-233 - Filing oaths of record
§ 38-234 - Usurpation of office; classification
§ 38-251 - State officers and employees blanket bond; amount; approval
§ 38-253 - Approval of bond; filing
§ 38-254 - Bond premiums as public charge
§ 38-255 - Recording of bond; copies
§ 38-256 - Form of official bonds
§ 38-257 - Justification of sureties; officers ineligible as sureties
§ 38-258 - Limitation of liability by sureties
§ 38-259 - Extent of liability
§ 38-260 - Beneficiaries of bond
§ 38-261 - Successive recoveries
§ 38-262 - Defects in form, approval or filing of bond
§ 38-263 - Additional bond; failure to file
§ 38-264 - Additional bond; terms
§ 38-265 - Liability on original and additional bonds
§ 38-266 - Judgment on original and additional bonds; contribution of sureties
§ 38-267 - Discharge of sureties
§ 38-268 - Bonds of persons appointed to fill vacancies
§ 38-269 - Withdrawal of surety; effect on remaining sureties
§ 38-270 - Supplemental bond upon withdrawal of surety; exception
§ 38-271 - Effect of withdrawal on liability of surety
§ 38-273 - Recording notice of ownership of real property; lien of judgment
§ 38-292 - Notice of vacancy in office
§ 38-293 - Effect of conviction of officer
§ 38-296 - Limitation on filing for election by incumbent of elective office
§ 38-296.01 - Limitation on running for multiple offices
§ 38-297 - Temporary vacancy resulting from military service; appointive officers and employees
§ 38-298 - Restoration to position following military service
§ 38-299 - Effect of expiration of term prior to separation from military service
§ 38-300 - Temporary vacancy resulting from military service; elective office
§ 38-311 - Officers subject to impeachment
§ 38-312 - Articles of impeachment
§ 38-313 - Impeachment hearing; service on accused
§ 38-314 - Court of impeachment; organization
§ 38-315 - Witness fees; execution of process
§ 38-316 - Absence of senator from hearing
§ 38-317 - Compensation of impeachment personnel
§ 38-318 - Expenses of impeachment proceedings
§ 38-319 - Vacancy in board of managers
§ 38-320 - Appearance of accused; plea
§ 38-322 - Performance of official duties by accused
§ 38-341 - Accusation by grand jury
§ 38-342 - Service on accused; appearance and plea
§ 38-344 - Procedure upon accusation of county attorney
§ 38-345 - Right of appeal; suspension from office pending appeal
§ 38-361 - Powers and duties of successor in office
§ 38-362 - Delivery of property and records to successor
§ 38-364 - Summary proceedings to obtain property and records of office
§ 38-381 - Declaration of policy
§ 38-383 - Unavailability of governor; appointment of temporary successor
§ 38-385 - Convening legislating bodies in event of an attack
§ 38-386 - Quorum and vote requirements of state and local legislating bodies
§ 38-401 - Office hours for state offices
§ 38-411 - Record of fees; inspection of fee book
§ 38-412 - Posting schedule of fees
§ 38-413 - Charging excessive fees; classification
§ 38-414 - Collection of fees; failure to report amount collected; classification
§ 38-421 - Stealing, destroying, altering or secreting public record; classification
§ 38-423 - Making or giving false certificate; classification
§ 38-431.01 - Meetings shall be open to the public
§ 38-431.02 - Notice of meetings
§ 38-431.03 - Executive sessions; definitions
§ 38-431.04 - Writ of mandamus
§ 38-431.05 - Meeting held in violation of article; business transacted null and void; ratification
§ 38-431.06 - Investigations; written investigative demands
§ 38-431.07 - Violations; enforcement; civil penalty; removal from office; in camera review
§ 38-431.08 - Exceptions; limitation
§ 38-431.09 - Declaration of public policy
§ 38-441 - Discharge of duties of another office; attestation
§ 38-442 - Persons acting as public officers without qualifying; classification; effect of acts
§ 38-443 - Nonfeasance in public office; classification
§ 38-444 - Asking or receiving illegal gratuity or reward; classification
§ 38-445 - Using pass or obtaining special rates for transportation; classification; exception
§ 38-446 - Acts based on written opinions; immunity
§ 38-449 - Display of POW/MIA flag
§ 38-450 - Display of honor and remember flag
§ 38-461 - Appointment and recording of appointment
§ 38-462 - Powers and duties of deputies
§ 38-464 - Authorization for payment of salary; limitation
§ 38-465 - Purchase of appointment to office; classification
§ 38-466 - Sale of appointment to office; classification
§ 38-481 - Employment of relatives; violation; classification; definition
§ 38-491 - Eligibility; age limit
§ 38-494 - Violations; classification
§ 38-501 - Application of article
§ 38-503 - Conflict of interest; exemptions; employment prohibition
§ 38-505 - Additional income prohibited for services
§ 38-508 - Authority of public officers and employees to act
§ 38-509 - Filing of disclosures
§ 38-511 - Cancellation of political subdivision and state contracts; definition
§ 38-519 - Legislative ethics committees; membership; powers and duties; code of ethics
§ 38-532 - Prohibited personnel practice; violation; reinstatement; exceptions; civil penalty
§ 38-534 - Appropriate independent personnel boards
§ 38-538 - Designation of state and political subdivision motor vehicles; definition
§ 38-538.02 - Use of state motor vehicles; personal vehicle reimbursement
§ 38-538.04 - Violation; classification
§ 38-543 - Duty to file financial disclosure statement by candidate for public office
§ 38-544 - Violation; classification
§ 38-545 - Local public officers financial disclosure
§ 38-592 - Public service orientation programs; implementation
§ 38-601 - Effect of payment of legal salary
§ 38-602 - Limitation on action for salary; waiver of right to additional salary
§ 38-606 - Suspension of salary pending determination of contested title to office; exception
§ 38-607 - Recovery of payment to disqualified persons
§ 38-608 - Compensation or time off for legal holidays
§ 38-609 - Retention of salary of subordinate; classification
§ 38-610 - Leaves of absence for certain military and disaster training; definitions
§ 38-610.02 - Leave of absence and compensation for national disaster medical system employment
§ 38-611 - Compensation of certain state officers and employees
§ 38-611.01 - Arizona state retirement system; incentive compensation plan; special pay plan
§ 38-611.02 - Public safety personnel retirement system; special pay practices
§ 38-612 - Administration of payroll salary deductions
§ 38-613 - State employee suggestion program awards; fund
§ 38-614 - Merit awards; county employees; merit award system board; special merit award fund
§ 38-615 - Payment for accumulated sick leave; requirements; limit; definition
§ 38-616 - Retiree accumulated sick leave fund; administration; contribution
§ 38-617 - County safety incentive awards
§ 38-618 - Performance based incentives program
§ 38-621 - Persons eligible to receive travel expenses
§ 38-622 - Authorization for travel; claims
§ 38-623 - Means of travel; rates
§ 38-625 - Receipts for transportation
§ 38-626 - Out-of-state travel; approval; exemptions
§ 38-626.01 - Authorization for certain out-of-state travel by state employees
§ 38-627 - Use of state equipment out of state
§ 38-642 - Public safety cancer insurance policy program
§ 38-643 - Public safety cancer insurance policy program account
§ 38-651 - Expenditure of monies for health and accident insurance; definition
§ 38-651.03 - Expenditure of funds for disability income insurance
§ 38-651.04 - Procurement of insurance; combining of coverages
§ 38-651.05 - Flexible or cafeteria employee benefit plan; fund
§ 38-652 - Experience rating dividends and unused claim reserves; deposit; trust account
§ 38-653 - Rules and regulations
§ 38-657 - Long-term care insurance
§ 38-658 - Report to joint legislative budget committee
§ 38-671 - Employee benefits; exclusions; definitions
§ 38-672 - Traumatic event counseling for public safety employees; report; exceptions; definitions
§ 38-702 - Federal-state agreement
§ 38-703 - Plans for coverage of employees of eligible political subdivisions; payroll audits
§ 38-704 - Rule making powers of state agency
§ 38-705 - Studies and reports by state agency
§ 38-706 - Referenda and certification
§ 38-712 - ASRS purpose; trust fund
§ 38-713 - ASRS board; qualifications; term; compensation
§ 38-714 - Powers and duties of ASRS and board
§ 38-715 - Director; powers and duties
§ 38-716 - Employers' responsibilities under the system
§ 38-717 - Liability insurance and immunity for the board
§ 38-718 - Investment managers; general powers and duties; investment of monies; limitations
§ 38-719 - Interest paid to members and employers
§ 38-721 - Administration account
§ 38-722 - Abandoned monies; disposition
§ 38-723 - Recovery of collection costs; levy and distraint; definitions
§ 38-725 - Financial institutions data match; prohibited disclosure; fee; definition
§ 38-727 - Eligibility; options
§ 38-729 - Political subdivision plans
§ 38-730 - Charter city or ASRS retirement service credits; transfers
§ 38-735 - Payment of contributions; recovery of delinquent payments
§ 38-736 - Member contributions
§ 38-737 - Employer contributions; prepayment; definitions
§ 38-738 - Adjustment and refund
§ 38-739.01 - Credited service retention
§ 38-740 - Return of contributions
§ 38-741 - Reemployment of inactive member
§ 38-743 - Public service credit
§ 38-744 - Leave of absence; credit for leave without pay
§ 38-745 - Credit for military service
§ 38-746 - Compensation limitation; adjustments
§ 38-747 - Purchase of credited service; payment; limitations; definitions
§ 38-748 - Employer payments for ineligible contributions; definitions
§ 38-749 - Employer termination incentive program; employer payment of actuarial cost; definition
§ 38-750 - Transfers out of the system
§ 38-751 - Nonparticipatory employer liability allocation; exemption; definitions
§ 38-755 - Member's account information; beneficiary designation; spousal consent; confidentiality
§ 38-756 - Outreach education program
§ 38-759 - Late retirement; definition
§ 38-760 - Optional forms of retirement benefits
§ 38-762 - Survivor benefits before retirement; definition
§ 38-763 - Survivor benefits after retirement
§ 38-764 - Commencement of retirement; payment of retirement benefits; lump sum payments
§ 38-765 - Errors; benefit recomputation
§ 38-766 - Retired members; return to work; suspension of benefits; exceptions; maximum benefit
§ 38-766.01 - Retired members; return to work
§ 38-767 - Benefit increases; applicability
§ 38-768 - Minimum retirement benefit
§ 38-769 - Maximum retirement benefits; termination; definitions
§ 38-770 - Eligible rollover distribution; definitions
§ 38-771 - Benefit options for transferred defined contribution program members; definitions
§ 38-771.01 - Alternative benefits for transferred defined contribution program members; definitions
§ 38-772 - Prior service under defined contribution program administered by ASRS; definitions
§ 38-774 - Excess benefit arrangement
§ 38-775 - Required distributions; definitions
§ 38-776 - Spousal waiver and consent
§ 38-791 - Assurances and liabilities
§ 38-792 - Exemptions from execution, attachment and taxation; exception
§ 38-793 - Violation; classification
§ 38-794 - Reservation to legislature
§ 38-797.03 - ASRS board; personnel; duties; hearing or review; executive session
§ 38-797.05 - Employer and member contributions
§ 38-797.06 - Contribution rate; annual report
§ 38-797.07 - LTD program benefits; limitations; definitions
§ 38-797.08 - Errors; benefit recomputation
§ 38-797.10 - Assurances and liabilities
§ 38-797.11 - Exemptions from execution, attachment and taxation; exception
§ 38-797.12 - Violation; classification
§ 38-797.13 - Reservation to legislature
§ 38-797.14 - Liquidation of LTD program
§ 38-797.15 - Interest paid to members and employers
§ 38-802 - Elected officials' retirement plan and fund; administration
§ 38-802.01 - Employer responsibilities under the system
§ 38-803 - Powers and duties of the board; reporting requirements
§ 38-803.01 - Qualified governmental excess benefit arrangement; definitions
§ 38-804 - Membership; termination; credited service; redemption; reemployment
§ 38-804.01 - Reinstatement of credited service; effect of prior law
§ 38-805 - Normal retirement and early retirement pensions
§ 38-806 - Disability retirement pensions
§ 38-808 - Pension payments; computation of amounts; termination
§ 38-810 - Contributions; appropriations
§ 38-810.01 - Internal revenue code qualification
§ 38-810.02 - Statutory construction
§ 38-810.03 - Compensation limitation; adjustments
§ 38-810.04 - Retired member; return to work; employer contributions
§ 38-810.05 - Required distributions
§ 38-811 - Taxation of benefits; exemption of contributions and securities
§ 38-812 - Maximum annual pension; limitations; definition
§ 38-813 - Availability of retired judges for certain legal services; compensation
§ 38-814 - Termination of plan; adjustment and refund
§ 38-816 - Redemption of prior service
§ 38-816.01 - Purchase of service; payment
§ 38-818.04 - Cost-of-living adjustment
§ 38-820 - Credit for military service
§ 38-821 - Charter city retirement system service credits; transfers
§ 38-822 - Domestic relations orders; procedures; payments
§ 38-823 - Discount rate; service purchase; transfer of service credits
§ 38-832 - Defined contribution system; annual report; quarterly statements
§ 38-833 - Member and employer contributions; disability
§ 38-834 - Credit for military service
§ 38-840.02 - EODC disability program trust fund
§ 38-840.04 - Employer and member contributions
§ 38-840.05 - Contribution rate
§ 38-840.06 - EODC disability program benefits
§ 38-840.07 - Errors; benefit recomputation
§ 38-840.08 - Facility of payment
§ 38-840.09 - Assurances and liabilities
§ 38-840.10 - Exemption from execution and attachment; taxation
§ 38-840.11 - Violation; classification
§ 38-840.12 - Reservation to legislature
§ 38-840.13 - Liquidation of the EODC disability program
§ 38-841 - Purpose; vested benefits
§ 38-842.02 - Public safety employer risk pool
§ 38-843 - Contributions; employer account asset transfers
§ 38-843.01 - Internal revenue code section 414(h) pickup of member contributions
§ 38-843.02 - Internal revenue code qualification
§ 38-843.03 - Statutory construction
§ 38-843.04 - Compensation limitation; adjustments; definition
§ 38-843.05 - Retired members; return to work; employer contributions
§ 38-843.06 - Required distributions
§ 38-843.07 - Adjustment and refund; termination of the system
§ 38-844 - Requirements for retirement benefits and disability pensions
§ 38-844.01 - Vested rights to benefits
§ 38-844.02 - Deferred retirement option plan for employees hired before January 1, 2012; purpose
§ 38-844.03 - Eligibility; participation
§ 38-844.04 - Termination of deferred retirement option plan participation
§ 38-844.05 - Deferred retirement option benefits and participation accounts
§ 38-844.06 - Additional deferred retirement option plan provisions
§ 38-844.07 - Designation of deferred retirement option plan beneficiaries
§ 38-844.08 - Payment of deferred retirement option plan benefits
§ 38-844.09 - Internal revenue code compliance
§ 38-844.10 - Deferred retirement option plan; employer; extension approval
§ 38-845 - Amount of retirement benefit
§ 38-845.01 - Maximum annual pension; limitations; definition
§ 38-845.02 - Payment of pension
§ 38-845.03 - Early retirement
§ 38-846.01 - Deferred annuity; exception
§ 38-846.02 - Termination of membership
§ 38-846.03 - Reinstatement of surviving spouse's pension
§ 38-846.04 - Reinstatement of credited service; effect of prior law
§ 38-846.05 - Retiree pool account; transfers; funding
§ 38-846.06 - Eligible rollover distributions; direct rollovers
§ 38-847.01 - Membership in retirement plan; eligibility
§ 38-847.02 - Voluntary local board consolidation; membership; duties
§ 38-847.03 - Uniform medical review; administrator; disability decisions; definitions
§ 38-847.04 - Board of trustees; determination of retirement benefits; definitions
§ 38-848.01 - Qualified governmental excess benefit arrangement; definitions
§ 38-848.02 - Board of trustees; report on employer and employee costs; posting funding ratio
§ 38-848.03 - Appointed investment management
§ 38-848.04 - Board fiduciary obligations and duties; enforcement; definitions
§ 38-850 - Assurances and liabilities; board of trustee discretion; overpayments; underpayments
§ 38-851 - Participation of new employers
§ 38-852 - Taxation of benefits; exemption of contributions and securities
§ 38-852.01 - Benefits not to be reduced by social security payments
§ 38-853 - Transfer of credited service
§ 38-853.01 - Redemption of prior service; calculation
§ 38-853.02 - Purchase of service; payment
§ 38-854 - Guarantees from prior systems
§ 38-855 - Transfer outside the public safety personnel retirement system
§ 38-856.05 - Cost-of-living adjustment; members hired on or before June 30, 2017
§ 38-856.06 - Cost-of-living adjustment; members hired on or after July 1, 2017; definition
§ 38-857 - Group health and accident coverage for retired members; payment; forfeiture of interest
§ 38-858 - Credit for military service
§ 38-859 - Medical boards; purposes; composition; medical examinations
§ 38-860 - Domestic relations orders; procedures; payments
§ 38-861 - Future benefit increases; payment; cost calculation; definition
§ 38-862 - Discount rate; service purchase; transfer of service credits
§ 38-863 - Employer disclosure; funding ratio
§ 38-863.01 - Pension funding policies; employers
§ 38-865.01 - Definition of participant
§ 38-867 - Contributions; member; employer; pickup
§ 38-867.01 - Rollover distributions and contributions; definitions
§ 38-867.02 - Trustee-to-trustee transfers from system; definitions
§ 38-868 - Contributions; member; employer; applicability of article
§ 38-868.01 - Credit for military service
§ 38-869 - Group health benefits plan; retired participants; definition
§ 38-870.01 - Disability program; administration; power and duties of the board; hearing
§ 38-870.02 - Disability program trust fund
§ 38-870.04 - Employer and participant contributions
§ 38-870.05 - Contribution rate
§ 38-870.06 - Disability program benefit
§ 38-870.07 - Death benefits; survivor or eligible child
§ 38-870.08 - Death benefits; surviving spouse; eligible child
§ 38-876 - Deferred compensation plan; administration
§ 38-877 - Voluntary participation; authorization; payroll salary deductions; employer contributions
§ 38-878 - Effect of participation
§ 38-882 - Corrections officer retirement plan and fund; administration
§ 38-883 - Board of trustees; powers and duties; reporting requirements
§ 38-883.01 - Qualified governmental excess benefit arrangement; definitions
§ 38-884 - Membership of retirement plan; termination; credited service; redemption; reemployment
§ 38-884.01 - Reinstatement of credited service; effect of prior law
§ 38-885 - Normal retirement; conditions and pension
§ 38-885.01 - Reverse deferred retirement option plan; purpose
§ 38-885.02 - Early retirement
§ 38-887 - Pension to surviving spouse of deceased retired member
§ 38-888 - Pension to the surviving spouse of a member
§ 38-889 - Guaranteed minimum aggregate payout
§ 38-890 - Pensions; commencement and duration
§ 38-891 - Employer and member contributions
§ 38-891.01 - Retired member; return to work; employer contributions
§ 38-892 - Internal revenue code section 414(h) pickup of member contributions
§ 38-893 - Local boards; powers and duties; rules; hearings; administrative review
§ 38-893.01 - Voluntary local board consolidation; membership; duties
§ 38-894 - Financial objective of the retirement plan; participating employer contributions
§ 38-895 - Maximum annual pension; limitations; definition
§ 38-895.01 - Compensation limitation; adjustments; definition
§ 38-895.02 - Payment of pension
§ 38-895.03 - Required distributions
§ 38-896 - Taxation of pensions; exemption for contributions
§ 38-897 - Assignments prohibited; liability of fund
§ 38-898 - Subrogation; right of setoff
§ 38-899 - Correction of errors
§ 38-900 - Internal revenue code qualification
§ 38-900.01 - Statutory construction
§ 38-900.02 - Adjustment and refund; termination of plan
§ 38-901 - Transfers into or out of retirement plan
§ 38-903 - Reservation to the legislature
§ 38-904 - Death benefits; amount
§ 38-905.05 - Cost-of-living adjustment; members hired on or before June 30, 2018
§ 38-905.06 - Cost-of-living adjustment; members hired on or after July 1, 2018; definition
§ 38-906 - Group health and accident coverage for retired members; payment; forfeiture of interest
§ 38-907 - Credit for military service
§ 38-908 - Transfer of credited service
§ 38-909 - Redemption of prior service; calculation
§ 38-909.01 - Purchase of service; payment
§ 38-910 - Domestic relations orders; procedures; payments
§ 38-911 - Deferred annuity; eligibility; amount; exception
§ 38-913 - Discount rate; service purchase; transfer of service credits
§ 38-914 - Employer disclosure; funding ratio
§ 38-922 - Transfer or redemption of service credits
§ 38-924 - Transfer of service credits
§ 38-932 - Arizona employers' pension prefunding plan
§ 38-933 - Administration and investment by the board; investment options; administrative costs
§ 38-934 - Board authorization of employer participation; employer election
§ 38-935 - Transfer of monies by employer
§ 38-936 - Transfer of assets out of the prefunding plan; requirements
§ 38-937 - Termination of employer's participation; prefunding plan termination
§ 38-939 - Nontaxable status of prefunding plan; intent
§ 38-940 - Board rules; procedures; discretionary fiduciary duty
§ 38-952 - Supplemental defined contribution plan; establishment; administration
§ 38-953 - Supplemental option
§ 38-961 - Public safety officer; duty-related injury; supplemental benefits plan; definitions
§ 38-1002 - Merit system council for law enforcement officers
§ 38-1003 - Powers and duties of council
§ 38-1005 - Status of persons employed prior to merit system institution
§ 38-1006 - Authority of city or town to use county merit system council
§ 38-1102 - Peace officers bill of rights; preemption
§ 38-1103 - Discipline of law enforcement officers; exceptions
§ 38-1104 - Internal investigations; employee representative; exception
§ 38-1105 - Law enforcement officer as witness; right to representation; exception
§ 38-1107 - Superior court review hearing; remedy; exceptions
§ 38-1108 - Polygraph examinations; exception
§ 38-1109 - Confidentiality of records; exception
§ 38-1110 - Time limitation on disciplinary action against law enforcement officer;
§ 38-1111 - Critical incident stress management team member; privilege; exceptions; definitions
§ 38-1112 - Law enforcement officers; fitness for duty examinations; rights of officers; definitions
§ 38-1113 - Carrying of firearms by peace officers; exceptions; definitions
§ 38-1115 - Officers; purchase of firearm; definitions
§ 38-1116 - Use of force incident investigation; right to view recorded video; statement
§ 38-1118 - Use-of-force incidents; data collection; reports; rules; public records; definitions
§ 38-1119 - Law enforcement officers; database; notice; request for reconsideration; definitions
§ 38-1120 - Peace officer complaint; mandatory notice
§ 38-1133 - Discipline of probation officers
§ 38-1134 - Internal investigations; employee representative; polygraph examination
§ 38-1135 - Probation officers as witnesses; right to representation
§ 38-1136 - Appeal of disciplinary action; change of hearing officer; burden of proof
§ 38-1137 - Confidentiality of records
§ 38-1138 - Polygraph examinations
§ 38-1139 - Critical incident stress management team member; privilege; exceptions; definitions