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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
harassment; aggravated harassment; offense
Purpose
Modifies the elements that are necessary for a person to commit the crime of harassment.
Background
A person commits harassment if, with intent to harass or with knowledge that the person is harassing another person, the person: 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 to desist; 3) repeatedly commits an act or acts that harass another person; 4) surveils or causes another person to surveil a person for no legitimate purpose; 5) on more than one occasion makes a false report to a law enforcement, credit or social service agency; or 6) interferes with the delivery of any public or regulated utility to a person (A.R.S. § 13-2921).
A person commits aggravated harassment if the person commits harassment and: 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; or 2) the person has previously been convicted of a domestic violence offense (A.R.S. § 13-2921.01).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. States that a person commits harassment if, instead of 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, in a manner that harasses, an act of:
a) contacting or causing communication, irrespective of whether the contact or communication occurred anonymously or otherwise, with another person by verbal, electronic, mechanical, telegraphic, telephonic or written means;
b) continuing to follow another person, irrespective of whether the person is followed for no legitimate purpose, in or about a public place, after being asked to desist;
c) surveilling or causing a person to surveil another person, irrespective of whether the person is surveilling another person for a legitimate purpose; and
d) making a false report to law enforcement, credit or social service agency against another person, irrespective of whether the false report is made on more than one occasion.
2. Replaces the definition of harassment with a definition of harass, which is conduct directed at a specific person and that would cause a reasonable person to be seriously alarmed, annoyed, humiliated or mentally distressed, rather than harassed, and the conduct in fact seriously alarms, annoys, humiliates, or mentally distresses, rather than harasses, the person.
3. States that a person commits aggravated harassment if the person has committed harassment and a court has issued an order of protection or an injunction, rather than an injunction against harassment, and the order is still valid.
4. Removes the requirement that the order or injunction has been served.
5. Contains a legislative intent clause.
6. Makes technical and conforming changes.
7. Becomes effective on the general effective date.
Prepared by Senate Research
February 15, 2022
ZD/HW/sr