Bill Text: AZ HB2549 | 2012 | Fiftieth Legislature 2nd Regular | Chaptered


Bill Title: Electronic; digital devices; stalking; threatening

Spectrum: Slight Partisan Bill (Republican 6-3)

Status: (Passed) 2012-05-14 - Governor Signed [HB2549 Detail]

Download: Arizona-2012-HB2549-Chaptered.html

 

 

 

Conference Engrossed

 

 

 

State of Arizona

House of Representatives

Fiftieth Legislature

Second Regular Session

2012

 

 

 

CHAPTER 359

 

HOUSE BILL 2549

 

 

AN ACT

 

amending sections 13-2916 and 13-2923, Arizona Revised Statutes; relating to electronic communications.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 



Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 13-2916, Arizona Revised Statutes, is amended to read:

START_STATUTE13-2916.  Use of an electronic communication to terrify, intimidate, threaten or harass; applicability; classification; definition

A.  It is unlawful for any person, with intent to terrify, intimidate, threaten or harass, annoy or offend a specific person or persons, to use a telephone and use do any of the following:

1.  Direct any obscene, lewd or profane language or suggest any lewd or lascivious act, or to the person in an electronic communication.

2.  Threaten to inflict physical harm to the any person or property of any person.  It is also unlawful to in any electronic communication.

3.  Otherwise disturb by repeated anonymous telephone calls, unwanted or unsolicited electronic communications the peace, quiet or right of privacy of any the person at the place where the telephone call or calls communications were received.

B.  Any offense committed by use of a telephone an electronic communication as set forth in this section is deemed to have been committed at either the place where the telephone call or calls communications originated or at the place where the telephone call or calls communications were received.

C.  this section does not apply to constitutionally protected speech or activity or to any other activity authorized by law.

C.  D.  Any person who violates this section is guilty of a class 1 misdemeanor.

E.  For the purposes of this section, "electronic communication" means a wire line, cable, wireless or cellular telephone call, a text message, an instant message or electronic mail. END_STATUTE

Sec. 2.  Section 13-2923, Arizona Revised Statutes, is amended to read:

START_STATUTE13-2923.  Stalking; classification; 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 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 the person's 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 of this section is a class 3 felony.  

C.  For the purposes of this section:

1.  "Course of conduct":

(a)  Means any of the following:

(i)  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

(ii)  Using 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.

(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.  "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. END_STATUTE


 

 

 

APPROVED BY THE GOVERNOR MAY 14, 2012.

 

FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 15, 2012.

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