 |
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
criminal damage; trespassing; critical facilities
Purpose
Classifies interfering with or preventing the performance of a normal function of any utility infrastructure or property, or the intended course or path of any utility service, 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).
Utility means any enterprise, public or private, that provides gas, electric, irrigation, steam, water, water conservation, sewer or communications services, as well as any common carrier on land, rail, sea or air (A.R.S. § 13-1601).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
2. Adds the cost of the loss of a utility service to the list of damages when determining the amount of damage to a property.
3. Becomes effective on the general effective date.
House Action
JUD 1/25/23 DP 5-3-0-0
3rd Read 2/21/23 36-24-0
Prepared by Senate Research
March 7, 2023
ZD/KS/sr