Arizona Stalking Laws: A.R.S. 13-2923

Arizona Stalking Laws: A.R.S. 13-2923

Stalking can cause a victim to feel distress or even fear for their life. As such, individuals charged with stalking can face serious criminal consequences. According to A.R.S. 13-2923, stalking is committed when an individual intentionally engages in a “course of conduct” directed toward another person, causing that person to:

• Suffer emotional distress or reasonably fear that:
  1. Their property will be damaged or destroyed.
  2. They will be physically injured.
  3. A member of their family, or their domestic animal or livestock, will be physically injured.
  4. A person they had or have a romantic or sexual relationship with will be physically injured.
  5. A regular resident of their household, or someone who lived in their household within the six months before the last conduct occurred, will be physically injured.
• Reasonably fear death for themselves or death of the following:
  1. A member of their family or their domestic animal or livestock.
  2. A person with whom they had or have a romantic or sexual relationship.
  3. A regular resident of their household, or someone who lived in their household within the six months before the last conduct occurred.

A “course of conduct” is when a person, whether directly or indirectly, and whether in person or by any other means, does any of the following:

• Maintains visual or physical proximity to a specific person or direct verbal, written, or other threats, whether express or implied, to a specific person on two or more occasions over a period of time, however short.
• Uses any electronic, digital, or global positioning system device to surveil a specific person or a specific person’s internet or wireless activity continuously for twelve hours or more or on two or more occasions over a period of time, however short, without authorization.
• Communicates, or causes to be communicated, on more than one occasion words, images or language by or through the use of electronic mail or an electronic communication that is directed at a specific person without authorization and without a legitimate purpose.

Stalking Penalties

Stalking that results in the victim feeling emotional distress or reasonable fear, as listed in Section 1, is a class 5 felony. First time offenders can face incarceration of up to 2.5 years.

Stalking that results in a reasonable fear of death, as listed in Section 2, is a class 3 felony. First time offenders can face incarceration of up to 8.75 years.

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