ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature First Regular Session
	Senate: JUD DP 5-2-0-0 | 3^rd Read DPA 24-5-1-0-0 House: JUD DPA 7-0-0-1-0-0

---

SB 1023: residential picketing; offense

Sponsor: Senator Kavanagh, LD 3

Caucus & COW

Overview

Modifies the elements of the criminal offense of residential picketing.

History

Under current law, a person commits residential picketing by intentionally engaging in, with the intent to harass, annoy or alarm another person, picketing or otherwise demonstrating before or about an individual's residence or dwelling place that is not also used as the individual's principal place of business (A.R.S. § 13-2909). This offense is classified as a class 3 misdemeanor, meaning that it carries a maximum prison sentence of 30 days and a civil penalty of not more than $500 (A.R.S. §§ 13-707, 13-802 and 13-2909).

Intentionally or with the intent to is defined in statute, along with the other culpable mental states referenced throughout the criminal code (A.R.S. § 13-105).

Provisions

1. Provides that a person commits residential picketing if the person intentionally engages in picketing or otherwise demonstrates before or about an individual's residence or dwelling place that is not also used as the individual's principal place of business and either of the following applies:

a) The person intends the picketing or demonstrating to harass, threaten or alarm another person; or

b) A reasonable person would find that person's picketing or demonstrating to be harassing, threatening or alarming to another person. (Sec. 1)

2. Makes technical and conforming changes. (Sec. 1)

Amendments

Committee on Judiciary

1. Requires that both, rather than either, of the two requirements mentioned above need to be met in order for a person to commit residential picketing.

2. Clarifies that the other person who is the subject of the harassing, threatening or alarming behavior must be in the dwelling place or residence.

3.

4.

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

6.                   SB 1023

7. Initials JL   Page 0 Caucus & COW

8.

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