Arizona Laws 13-2916. Use of an electronic communication to terrify, intimidate, threaten or harass; unlawful use of electronic communication device; applicability; classification; definitions
A. It is unlawful for a person to knowingly terrify, intimidate, threaten or harass a specific person or persons by doing any of the following:
Terms Used In Arizona Laws 13-2916
- Act: means a bodily movement. See Arizona Laws 13-105
- Conduct: means an act or omission and its accompanying culpable mental state. See Arizona Laws 13-105
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Knowingly: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 13-105
- Misdemeanor: means an offense for which a sentence to a term of imprisonment other than to the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
- Property: means anything of value, tangible or intangible. See Arizona Laws 13-105
- United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
- Unlawful: means contrary to law or, where the context so requires, not allowed by law. See Arizona Laws 13-105
1. Directing any obscene, lewd or profane language or suggesting any lewd or lascivious act to the person in an electronic communication.
2. Threatening to inflict physical harm on any person or to property in any electronic communication.
3. Otherwise disturbing by repeated anonymous, unwanted or unsolicited electronic communications the peace, quiet or right of privacy of the person at the place where the communications were received.
4. Without the person’s consent and for the purpose of imminently causing the person unwanted physical contact, injury or harassment by a third party, use an electronic communication device to electronically distribute, publish, email, hyperlink or make available for downloading the person’s personal identifying information, including a digital image of the person, and the use does in fact incite or produce that unwanted physical contact, injury or harassment. This paragraph also applies to a person who intends to terrify, intimidate, threaten or harass an immediate family member of the person whose personal identifying information is used.
B. Any offense committed by use of an electronic communication in violation of this section is deemed to have been committed at either the place where the communications originated or at the place where the communications were received.
C. This section does not apply to:
1. Constitutionally protected speech or activity or to any other activity authorized by law.
2. An interactive computer service, as defined in 47 United States Code § 230(f)(2), or to an information service or telecommunications service, as defined in 47 United States Code § 153, for content that is provided by another person.
D. A person who violates this section is guilty of a class 1 misdemeanor.
E. For the purposes of this section:
1. "Electronic communication" means a social media post, a wire line, cable, wireless or cellular telephone call, a text message, an instant message or electronic mail.
2. "Electronic communication device" includes a telephone, mobile telephone, computer, internet website, internet telephone, hybrid cellular, internet or wireless device, personal digital assistant, video recorder, fax machine or pager.
3. "Harassment" means a knowing and wilful course of conduct that is directed at a specific person, that a reasonable person would consider as seriously alarming, seriously disruptive, seriously tormenting or seriously terrorizing the person and that serves no legitimate purpose.
4. "Personal identifying information":
(a) Means information that would allow the identified person to be located, contacted or harassed.
(b) Includes the person’s home address, work address, phone number, email address or other contact information that would allow the identified person to be located, contacted or harassed.
5. "Social media post" means a social media communication that is knowingly intended to communicate to a specific person or persons in violation of subsection A of this section.