ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

House: JUD DP 10-0-0-0 | 3rd Read 48-11-1-0

Senate: JUD DP 5-2-1-0 | 3rd Read 20-8-2-0


HB 2502: electronic communications; personal information; harassment

Sponsor:  Representative Bolick, LD 20

Senate Engrossed

Overview

Establishes electronically distributing a person's personal identifying information without their consent and to cause harassment by a third party as a class 1 misdemeanor.

History

It is a class 1 misdemeanor to use electronic communication with the intent to terrify, intimidate, or harass to:

1)   Direct obscene, lewd, or profane language or suggest any lewd or lascivious act to another person;

2)   Threaten to inflict physical harm to any person or property; or

3)   Disturb the peace, quiet, or right of privacy of another person.

An offense in violation of those conditions is committed at either the place where the communication originated or where it was received (A.R.S. § 13-2916).

Provisions

1.   Creates a class 1 misdemeanor to electronically distribute personally identifying information, including a digital image of the person, without the person's consent and to cause imminent injury or harassment by a third party. (Sec. 1)

2.   Applies to a person who intends to harass an immediate family member of the person whose personal identifying information is used. (Sec. 1)

3.   Exempts from guilt interactive computer services, information services, or telecommunications services for content that is provided by a third party. (Sec. 1)

4.   Defines electronic communication device, harassment, and personal identifying information. (Sec. 1)

5.   ☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal NoteMakes technical and conforming changes. (Sec. 1)

Senate Amendments

1.   Removes a harassing electronic message about the person from the list of unlawful electronic communications.

2.   Removes the definition for of a harassing nature.

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5.   ---------- DOCUMENT FOOTER ---------

6.                     HB 2502

7.   Initials LC/AF        Page 0 Senate Engrossed

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9.   ---------- DOCUMENT FOOTER ---------