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Arizona

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)

  1. A person commits harassment if, with intent to harass or with knowledge that the person is harassing another person, the person:
    1. 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.
    2. Continues to follow another person in or about a public place for no legitimate purpose after being asked to desist.
    3. Repeatedly commits an act or acts that harass another person.
    4. Surveils or causes another person to surveil a person for no legitimate purpose.
    5. On more than one occasion makes a false report to a law enforcement, credit or social service agency.
    6. Interferes with the delivery of any public or regulated utility to a person.
  2. 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.
  3. Harassment under subsection A is a class 1 misdemeanor. Harassment under subsection B is a class 5 felony.
  4. This section does not apply to an otherwise lawful demonstration, assembly or picketing.
  5. 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)

  1. A person commits aggravated harassment if the person commits harassment as provided in section 13-2921 and any of the following applies:
    1. 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.
    2. The person has previously been convicted of an offense included in section 13-3601.
  2. The victim of any previous offense shall be the same as in the present offense.
  3. 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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For Victim Assistance, please call the National Center for Victims of Crime Helpline at
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This project was supported by Grant Nos. 2008-TA-AX-K017 and 2004-WT-K050 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this program are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.

For more information on the U.S. Department of Justice Office on Violence Against Women visit http://www.ovw.usdoj.gov.

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