Bill Text: AZ HB2042 | 2025 | Fifty-seventh Legislature 1st Regular | Introduced

---

Bill Title: Threatening or intimidating; true threat

Spectrum: Partisan Bill (Republican 1-0)

Status: (N/A) 2025-01-08 - Prefile [HB2042 Detail]

Download: Arizona-2025-HB2042-Introduced.html

---

 

 

PREFILED    JAN 08 2025

REFERENCE TITLE: threatening or intimidating; true threat

 

 

 

 

State of Arizona

House of Representatives

Fifty-seventh Legislature

First Regular Session

2025

 

 

 

HB 2042

 

Introduced by

Representative Kolodin

 

 

 

 

 

 

 

 

An Act

 

amending section 13-1202, Arizona Revised Statutes; relating to assault and related offenses.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

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

Section 1. Section 13-1202, Arizona Revised Statutes, is amended to read:

START_STATUTE13-1202. Threatening or intimidating; classification; definition

A. A person commits threatening or intimidating if the person threatens or intimidates by word or conduct intentionally utters a true threat or, by conduct, intentionally conveys a true threat:

1. To cause physical injury to another person or serious damage to the property of another; or

2. To cause, or in reckless disregard to causing, serious public inconvenience including, but not limited to, evacuation of a building, place of assembly or transportation facility; or

3. To cause physical injury to another person or damage to the property of another in order to promote, further or assist in the interests of or to cause, induce or solicit another person to participate in a criminal street gang, a criminal syndicate or a racketeering enterprise.

B. Threatening or intimidating pursuant to subsection A, paragraph 1 or 2 is a class 1 misdemeanor, except that it is a class 6 felony if:

1. The offense is committed in retaliation for a victim's either reporting criminal activity or being involved in an organization, other than a law enforcement agency, that is established for the purpose of reporting or preventing criminal activity.

2. The person is a criminal street gang member.

C. Threatening or intimidating pursuant to subsection A, paragraph 3 is a class 3 felony.

D. For the purposes of this section, "true threat" means a threat to which both of the following apply:

1. a person makes a statement, or engages in conduct, in a context or under such circumstances wherein a reasonable person would foresee that the statement would be interpreted by those to whom the person communicates the statement as a serious expression of an intention to inflict bodily harm on or to take the life of another person.

2. the target of the threat believes that the threat is genuine. END_STATUTE

Sec. 2. Legislative Intent

This amendment is required to resolve the conflict between the clear statutory text and the requirements of the First Amendment. In In re Ryan A., our Court of Appeals held that "[g]rafting the 'true threat' requirement into this statute … resolve[s] constitutional concerns based on the first amendment right to free speech." 202 Ariz. 19, 22 (App. 2002).