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, at the time of the offense, any of the following applies:

1. A court has issued any of the following orders in favor of the victim of harassment, the order was served on the person and the order was valid at the time of the offense:

(a) An order of protection issued pursuant to section 13-3602.

(b) An injunction against harassment issued pursuant to section 12-1809.

(c) Any other criminal-related injunction issued under the laws of this state.

2. A court has issued an order of protection on an emergency basis pursuant to section 13-3624 against the person in favor of the victim of harassment and the order was still in effect on the date of the offense.

3. The person has previously been convicted of an offense included in section 13-3601 committed against the victim of harassment.

4. A court has imposed a condition of release on the person that prohibits any contact with the victim of harassment and the court order was still in effect on the date of the offense.

B. A person who violates subsection A, paragraph 1, 2 or 4 of this section is guilty of a class 6 felony. A person who commits a second or subsequent violation of subsection A, paragraph 1, 2 or 4 of this section is guilty of a class 5 felony. A person who violates subsection A, paragraph 3 of this section is guilty of a class 5 felony.

C. 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.