Arizona Laws 13-2923. Stalking; classification; exceptions; definitions
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 causes the victim to:
Terms Used In Arizona Laws 13-2923
- Conduct: means an act or omission and its accompanying culpable mental state. See Arizona Laws 13-105
- Felony: means an offense for which a sentence to a term of imprisonment in the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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
- Minor: means a person under eighteen years of age. See Arizona Laws 1-215
- 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
1. Suffer emotional distress or reasonably fear that either:
(a) The victim’s property will be damaged or destroyed.
(b) Any of the following will be physically injured:
(i) The victim.
(ii) The victim’s family member, domestic animal or livestock.
(iii) A person with whom the victim has or has previously had a romantic or sexual relationship.
(iv) A person who regularly resides in the victim’s household or has resided in the victim’s household within the six months before the last conduct occurred.
2. Reasonably fear death or the death of any of the following:
(a) The victim’s family member, domestic animal or livestock.
(b) A person with whom the victim has or has previously had a romantic or sexual relationship.
(c) A person who regularly resides in the victim’s household or has resided in the victim’s household within the six months before the last conduct occurred.
B. This section does not apply to 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.
C. Stalking under subsection A, paragraph 1 of this section is a class 5 felony. Stalking under subsection A, paragraph 2 of this section is a class 3 felony.
D. For the purposes of this section:
1. "Course of conduct":
(a) Means directly or indirectly, in person or through one or more third persons or by any other means, to do any of the following:
(i) Maintain visual or physical proximity to a specific person or direct 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.
(ii) Use any electronic, digital or global positioning system device to surveil a specific person or a specific person’s internet or wireless activity continuously for twelve hours or more or on two or more occasions over a period of time, however short, without authorization.
(iii) Communicate, or cause to be communicated, on more than one occasion words, images or language by or through the use of electronic mail or an electronic communication that is directed at a specific person without authorization and without a legitimate purpose.
(b) Does not include constitutionally protected activity or other activity authorized by law, the other person, the other person’s authorized representative or if the other person is a minor, the minor’s parent or guardian.
2. "Emotional distress" means significant mental suffering or distress that may, but does not have to, require medical or other professional treatment or counseling.