Stalking laws differ from state to state, both in the way the offense is defined, as well as its classification and potential sentence in the event of a conviction. Some state statutes have different degrees of stalking, and others speak about stalking and “aggravated stalking.” Classifications likewise differ – in some cases stalking is a misdemeanor, although it can be charged as a felony if certain additional facts are alleged. Most, however, require a “course of conduct” that is intentional or knowing, and which leads to the alleged victim feeling threatened in one way or another.
Stalking Defined
Stalking is defined in Arizona in A.R.S. 13-2923. It is always a felony. It requires, as with most states, a knowing or intentional course of conduct that leads another person to suffer emotional distress, or reasonably fear damage to or destruction of his or her property, or physical injury to the victim, the victim’s family, household members, or pets. This is generally a class 5 felony. If, however, the conduct leads the alleged victim to fear death or the death of his or her family, pets, present or former romantic or sexual partner, or household member, it is a class 3 felony. The essence of the charge, however, is the “course of conduct” that forms the basis of stalking in Arizona.
“Course of Conduct” and “Fear” in Arizona Stalking Cases
The gist of a stalking charge consists of what the defendant is alleged to have done – the course of conduct – and the emotional distress or fear allegedly experienced by the alleged victim. The statute sets out in detail the type of conduct that will support a stalking charge. It includes, directly or indirectly:
- Maintaining visual contact with the victim on two or more occasions over any time period, no matter how short that period may be.
- Maintaining physical proximity to the victim on two or more occasions over any time period.
- Making threats (verbal, written or otherwise) on two or more occasions over any time period.
- Using an electronic, digital or other device to “surveil a person or their internet activity for 12 hours or more on two or more occasions over any time period.
- Communicating more than once (including via email) with a specific person without being authorized to do so and without a “legitimate purpose.”
Your reaction may be that the statute is so broad that it would include all kinds of communications and conduct that are not intended to harm anyone, but which could cause emotional distress to the recipient. And you’d be correct. While there is a catchall exemption for constitutionally protected speech, the statutory language could lend itself to a charge where there was no intent to cause harm or fear. It compounds the problem by making even the least offensive charge a felony.
Law Offices of David A. Black
40 North Central Avenue #1850
Phoenix, AZ 85004
(480) 280-8028