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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
criminal damage; monuments; memorials; statues
Purpose
Classifies defacing, damaging, or tampering with a public or private monument, memorial or statue as aggravated criminal damage.
Background
A person commits
aggravated criminal damage by intentionally or recklessly, without the
express permission of the owner: 1) defacing, damaging or in any way changing
the appearance of any building, structure, personal property or place used for
worship or any religious purpose;
2) defacing or damaging any building, structure or place used as a school or as
an educational facility; 3) defacing, damaging or tampering with any cemetery,
mortuary or personal property of the cemetery or mortuary or other facility
used for the purpose of burial or memorializing the dead; or 4) defacing,
damaging or tampering with any utility or agricultural infrastructure or
property, construction site or existing structure for the purpose of obtaining
nonferrous metals. Aggravated criminal damage ranges from a class 6
felony to a class 3 felony, depending on the amount of damage and type of
property or object damaged (A.R.S.
§ 13-1604).
A person commits criminal damage by: 1) recklessly defacing or damaging property of another person; 2) recklessly tampering with property of another person so as substantially to impair its function or value; 3) recklessly damaging property of a utility; 4) recklessly parking any vehicle in such a manner as to deprive livestock of access to the only reasonably available water; 5) recklessly drawing or inscribing a message, slogan, sign or symbol that is made on any public or private building, structure or surface, except the ground, and that is made without permission of the owner; or 6) intentionally tampering with utility property. Criminal damage ranges from a class 2 misdemeanor to a class 4 felony based on the amount and type of damage (A.R.S. § 13-1602).
A person commits abuse of venerated objects by intentionally: 1) desecrating any public monument, memorial or property of a public park; or 2) altering, burning, casting contempt upon, or mutilating a flag within public view, or by printing a flag on any article of merchandise. Abuse of venerated objects is a class 2 misdemeanor (A.R.S. § 13-3703)
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Classifies defacing, damaging, or tampering with a public or private monument, memorial or statue as aggravated criminal damage.
2. Makes technical and conforming changes.
3. Becomes effective on the general effective date.
Prepared by Senate Research
January 17, 2023
ZD/KS/sr