Stalking
This page lists the most applicable state
crimes addressing stalking. However, depending on the facts of the case, a
stalker might also be charged with other crimes, such as trespassing,
intimidation of a witness, breaking and entering, etc. Check your state code
or consult with your local prosecutor about other charges that might apply in
a particular case.
Harassment
Related Offenses
·
§ 13-3019. Surreptitious photographing,
videotaping, filming or digitally recording or viewing; exemptions;
classification; definitions.
Analyzing Stalking
Laws
Stalking
A.R.S. § 13-2923.
Stalking; classification; definitions.
(2001)
A.
A
person commits stalking
if the person intentionally or knowingly engages in a course of conduct that
is directed toward another person and if that conduct
either:
1.
Would
cause a reasonable person to fear for the person's safety or the safety of
that person's immediate family member and that person in fact fears for their
safety or the safety of that person's immediate family
member.
2.
Would
cause a reasonable person to fear death of that person or that person's
immediate family member and that person in fact fears death of that person or
that person's immediate family member.
B.
Stalking under subsection A, paragraph 1
of this section is a class 5 felony. Stalking
under subsection A, paragraph 2 is a class 3 felony.
C.
For
the purposes of this section:
1.
"Course of conduct" means
maintaining visual or physical proximity to a specific person or directing
verbal, written or other threats, whether express or implied, to a specific
person on two or more occasions over a period of time, however short, but does
not include constitutionally protected activity.
2.
"Immediate family member" means
a spouse, parent, child or sibling or any other person who regularly resides
in a person's household or resided in a person's household within the past six
months.
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Harassment
A.R.S. § 13-2921. Harassment; classification; definition.
(1998)
-
A person
commits harassment
if, with intent to harass or with knowledge that the person is harassing
another person, the person:
-
Anonymously or otherwise
contacts, communicates or causes a communication with another person by
verbal, electronic, mechanical, telegraphic, telephonic or written means
in a manner that harasses.
-
Continues to follow another
person in or about a public place for no legitimate purpose after being
asked to desist.
-
Repeatedly commits an act or
acts that harass another person.
-
Surveils or causes another
person to surveil a person for no legitimate
purpose.
-
On
more than one occasion makes a false report to a law enforcement, credit
or social service agency.
-
Interferes with the delivery
of any public or regulated utility to a
person.
-
A person
commits harassment
against a public officer or employee if the person, with intent to harass,
files a nonconsensual lien against any public officer or employee that is
not accompanied by an order or a judgment from a court of competent
jurisdiction authorizing the filing of the lien or is not issued by a
governmental entity or political subdivision or agency pursuant to its
statutory authority, a validly licensed utility or water delivery company, a
mechanics' lien claimant or an entity created under covenants, conditions,
restrictions or declarations affecting real
property.
-
Harassment under subsection A is a class
1 misdemeanor. Harassment
under subsection B is a class 5 felony.
-
This
section does not apply to an otherwise lawful demonstration, assembly or
picketing.
-
For the
purposes of this section, "harassment"
means conduct that is directed at a specific person and that would cause a
reasonable person to be seriously alarmed, annoyed or harassed and the
conduct in fact seriously alarms, annoys or harasses the
person.
A.R.S. § 13-2921.01. Aggravated harassment
;
classification; definition. (2004)
-
A person
commits aggravated harassment
if the person commits harassment
as provided in section
13-2921 and any of the following applies:
-
A
court has issued an order of protection or an injunction against harassment
against the person and in favor of the victim of harassment
and the order or injunction has been served and is still
valid.
-
The
person has previously been convicted of an offense included in section
13-3601.
-
The
victim of any previous offense shall be the same as in the present
offense.
-
A person
who violates subsection A, paragraph 1 of this section is guilty of a Class
6 felony. A person who commits a second or subsequent violation of
subsection A, paragraph 1 of this section is guilty of a Class 5 felony. A
person who violates subsection A, paragraph 2 of this section is guilty of a
Class 5 felony.
For the
purposes of this section, "convicted" means a person who was convicted of an
offense included in section
13-3601 or who was adjudicated delinquent for conduct that would
constitute a historical prior felony conviction if the juvenile had been
tried as an adult for an offense included in section
13-3601.
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Related Offenses
A.R.S. §
13-3019. Surreptitious photographing, videotaping, filming or digitally
recording or viewing; exemptions; classification; definitions.
(2006)
A.
It is
unlawful for any person to knowingly photograph, videotape, film, digitally
record or by any other means secretly view, with or without a device, another
person without that person's consent under either of the following
circumstances:
1.
In a
restroom, bathroom, locker room, bedroom or other location where the person
has a reasonable expectation of privacy and the person is urinating,
defecating, dressing, undressing, nude or involved in sexual intercourse or
sexual contact.
2.
In a
manner that directly or indirectly captures or allows the viewing of the
person's genitalia, buttock or female breast, whether clothed or unclothed,
that is not otherwise visible to the public.
B.
It is
unlawful to disclose, display, distribute or publish a photograph, videotape,
film or digital recording made in violation of subsection A of this section
without the consent or knowledge of the person
depicted.
C.
This
section does not apply to:
1.
Photographing, videotaping,
filming or digitally recording for security purposes if notice of the use of
photographing, videotaping, filming or digital recording equipment is clearly
posted in the location and the location is one in which the person has a
reasonable expectation of privacy.
2.
Photographing, videotaping,
filming or digitally recording by correctional officials for security reasons
or in connection with the investigation of alleged misconduct of persons on
the premises of a jail or prison.
3.
Photographing, videotaping,
filming or digitally recording by law enforcement officers pursuant to an
investigation, which is otherwise lawful.
4.
The
use of a child monitoring device as defined in section
13-3001.
D.
A
violation of subsection A or B of this section is a class 5
felony.
E.
Notwithstanding subsection D of
this section, a violation of subsection A or B of this section that does not
involve the use of a device is a class 6 felony, except that a second or
subsequent violation of subsection A or B of this section that does not
involve the use of a device is a class 5 felony.
F.
Notwithstanding subsection D of
this section, a violation of subsection B of this section is a class 4 felony
if the person depicted is recognizable.
G.
For
the purposes of this section, "sexual contact" and "sexual intercourse" have
the same meanings prescribed in section
13-1401.
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