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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
AMENDED
harassment; aggravated harassment; offense
Purpose
Modifies the elements that are necessary for a person to commit the crime of harassment. Outlines exemptions to harassment and specifies criminal classifications for persons who commit certain aggravated harassment offenses.
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. Exempts both of the following from committing the crime of harassment:
a) a licensed professional investigator or licensed peace officer who is acting within the scope of the investigator's or officer's duties in connection with any criminal or civil investigation; and
b) a certified and authorized process server who is acting within the scope of the process server's duties in connection with any judicial or administrative action or proceeding.
3. Classifies, as a class 6 felony for a first offense and a class 5 felony for a subsequent offense, a person who commits aggravated harassment by violating a valid court order that imposes a condition of release on the person that prohibits the person from contacting the victim.
4. 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.
5. States that a person commits aggravated harassment if the person commits harassment and a court has issued:
a) an order of protection;
b) an injunction against harassment; or
c) any other criminal-related injunction under Arizona law.
7. Modifies the elements of aggravated harassment to specify that an order issued by the court in favor of the victim was served and, rather than still being valid, was valid at the time of the offense.
8. Makes technical and conforming changes.
9. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Removes the legislative intent clause.
Amendments Adopted by Committee of the Whole
· Classifies, as aggravated harassment, the act of committing harassment while a person is subject to a valid court order prohibiting the person from having any contact with the victim.
Amendments Adopted by the House
1. Exempts both of the following from committing the crime of harassment:
a) a licensed professional investigator or licensed peace officer who is acting within the scope of the investigator's or officer's duties in connection with any criminal or civil investigation; and
b) a certified and authorized process server who is acting within the scope of the process server's duties in connection with any judicial or administrative action or proceeding.
2. States that an order of protection or an injunction is only valid if:
a) the order of protection or injunction was lawfully issued and properly served on the defendant; or
b) the order of protection was issued on an emergency basis.
3. Classifies, as a class 6 felony for a first offense and a class 5 felony for a subsequent offense, a person who commits aggravated harassment by violating a valid court order that imposes a condition of release on the person that prohibits the person from contacting the victim.
Amendments Adopted by Conference Committee
1. States that a person commits aggravated harassment if the person commits harassment and a court has issued any other criminal-related injunction under Arizona law.
2. Modifies the elements of aggravated harassment to specify that an order issued by the court in favor of the victim was served and, rather than ever being valid, was valid at the time of the offense.
3. Makes technical and conforming changes.
Senate Action House Action
JUD 2/17/22 DPA 7-0-1 JUD 3/16/22 DPA 10-0-0-0
3rd Read 2/18/22 28-0-2 3rd Read 4/12/22 36-22-2
Prepared by Senate Research
May 4, 2022
ZD/HW/sr