Fort McDowell
Yavapai Community
Stalking
Related Offenses
Analyzing Stalking
Laws
Stalking
§
6-58. Stalking.
(1998)
- A person commits stalking if
the person intentionally or knowingly engages in a course of conduct that is
directed toward another person if that conduct either:
- would cause a reasonable
person to fear for that person's safety or the safety of that person's
immediate family and that person in fact fears for their safety or the
safety of that person's immediate family.
- would cause a reasonable
person to fear imminent physical injury or death to that person or that
person's immediate family and that person in fact fears imminent physical
injury or death to that person or that person's immediate
family.
- Any person convicted of
stalking shall be sentenced to imprisonment for a period not to exceed two
hundred seventy (270) days or to a fine not to exceed seven hundred fifty
dollars ($750.00), or to both such imprisonment and fine, with costs.
- For the purposes of this
section:
- "course of conduct" means
maintaining visual or physical proximity to a specific person or directing
verbal or written 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 activity protected under the Indian Civil Rights Act, 25
U.S.C. § 1302.
- "immediate family" 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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Related
Offenses
§ 6-54 Threatening
or Intimidating.
(1995)
- A person commits threatening
if such persons, with the intent to terrify or in reckless disregard of the
risk of terrifying, threatens by word or conduct to cause physical injury to
another person or serious damage to property of another where the ability to
immediately cause such injury or damage reasonably exists.
- A person commits intimidating
if such person threatens by word or conduct to cause physical injury to
another person or damage to the property of another with the intent to
induce another to do an act against his or her will or to refrain from doing
a lawful act.
- Any person convicted of
threatening or intimidating shall be sentenced to imprisonment for a period
not to exceed ninety (90) days or to a fine not to exceed one thousand
dollars ($1,000.00), or to both such imprisonment and fine, with costs.
§
6-57. Use of Telephone to Commit
Offense.
- It shall be unlawful for any
person, with intent to terrify, intimidate, threaten, harass, annoy or
offend, to use a telephone and:
- use any obscene, lewd or
profane language.
- suggest any lewd or
lascivious act.
- threaten to inflict injury
or physical harm to the person or property of any person.
- It shall be unlawful for any
person to disturb by repeated anonymous telephone calls the peace, quiet or
right of privacy of any person at the place where the telephone calls were
received.
- The use of obscene, lewd or
profane language or the making of a threat or statement as set forth in
subsection (a) of this section shall be prima facie evidence of intent to
terrify, intimidate, threaten, harass, annoy or offend.
- Any offense committed by use
of a telephone as set forth in this section shall be deemed to have been
committed at either the place where the telephone call or calls originated
or at the place where the telephone call or calls were received.
- Any person convicted of use of
a telephone to commit an offense shall be sentenced to imprisonment for a
period not to exceed one hundred eighty (180) days or to a fine not to
exceed five hundred dollars ($500.00), or to both such imprisonment and
fine, with costs.
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