Arizona
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.
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.
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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