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REFERENCE TITLE: harassment; aggravated harassment; offense |
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State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022
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SB 1633 |
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Introduced by Senator Kerr
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AN ACT
amending sections 13-2921 and 13-2921.01, Arizona Revised Statutes; relating to offenses against public order.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-2921, Arizona Revised Statutes, is amended to read:
13-2921. Harassment; classification; definition
A. A person commits harassment if, with intent to harass or with knowledge that the person is harassing another person, the person knowingly and repeatedly commits an act or acts that harass another person or the person knowingly commits any one of the following acts in a manner that harasses:
1. Anonymously or otherwise Contacts, communicates or causes a communication with another person by verbal, electronic, mechanical, telegraphic, telephonic or written means in a manner that harasses.
2. Continues to follow another person in or about a public place for no legitimate purpose after being asked by that person to desist.
3. Repeatedly commits an act or acts that harass another person.
4. 3. Surveils or causes another a person to surveil a another person for no legitimate purpose.
5. 4. On more than one occasion Makes a false report to a law enforcement, credit or social service agency against another person.
6. 5. Interferes with the delivery of any public or regulated utility to a another person.
B. A person commits harassment against a public officer or employee if the person, with intent to harass, files a nonconsensual lien against any public officer or employee that is not accompanied by an order or a judgment from a court of competent jurisdiction authorizing the filing of the lien or is not issued by a governmental entity or political subdivision or agency pursuant to its statutory authority, a validly licensed utility or water delivery company, a mechanics' lien claimant or an entity created under covenants, conditions, restrictions or declarations affecting real property.
C. Harassment under subsection A is a class 1 misdemeanor. Harassment under subsection B is a class 5 felony.
D. This section does not apply to an otherwise lawful demonstration, assembly or picketing.
E. For the purposes of this section, "harassment" "harass" means conduct that is directed at a specific person and that would cause a reasonable person to be seriously alarmed, annoyed, humiliated or harassed mentally distressed and the conduct in fact seriously alarms, annoys, humiliates or harasses mentally distresses the person.
Sec. 2. Section 13-2921.01, Arizona Revised Statutes, is amended to read:
13-2921.01. Aggravated harassment; classification; definition
A. A person commits aggravated harassment if the person commits harassment as provided in section 13-2921 and any of the following applies:
1. A court has issued an order of protection or an injunction against harassment against the person and in favor of the victim of harassment and the order or injunction has been served and is still valid.
2. The person has previously been convicted of an offense included in section 13-3601.
B. The victim of any previous offense shall be the same as in the present offense.
C. A person who violates subsection A, paragraph 1 of this section is guilty of a class 6 felony. A person who commits a second or subsequent violation of subsection A, paragraph 1 of this section is guilty of a class 5 felony. A person who violates subsection A, paragraph 2 of this section is guilty of a class 5 felony.
D. For the purposes of this section, "convicted" means a person who was convicted of an offense included in section 13-3601 or who was adjudicated delinquent for conduct that would constitute a historical prior felony conviction if the juvenile had been tried as an adult for an offense included in section 13-3601.
Sec. 3. Legislative intent
The legislature intends that the amendments to section 13-2921, Arizona Revised Statutes, as amended by this act, clarify the elements that are necessary to commit the crime of harassment.