Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-2301, Arizona Revised
Statutes, is amended to read:
START_STATUTE13-2301. Definitions
A. For the purposes of sections 13‑2302, 13‑2303
and 13‑2304:
1. "Collect an extension of credit" means
to induce in any way any person to make repayment of that extension.
2. "Creditor" means any person making an
extension of credit or any person claiming by, under or through any person
making an extension of credit.
3. "Debtor" means any person to whom an
extension of credit is made or any person who guarantees the repayment of an
extension of credit, or in any manner undertakes to indemnify the creditor
against loss resulting from the failure of any person to whom an extension is
made to repay the extension.
4. "Extend credit" means to make or renew
any loan or to enter into any agreement, tacit or express, whereby the
repayment or satisfaction of any debt or claim, whether acknowledged or
disputed, valid or invalid, and however arising, may or shall be deferred.
5. "Extortionate extension of credit"
means any extension of credit with respect to which it is the understanding of
the creditor and the debtor at the time the extension is made that delay in
making repayment or failure to make repayment could result in the use of
violence or other criminal means to cause harm to the person or the reputation
or property of any person.
6. "Extortionate means" means the use, or
an express or implicit threat of use, of violence or other criminal means to
cause harm to the person or the reputation or property of any person.
7. "Repayment of any extension of credit"
means the repayment, satisfaction or discharge in whole or in part of any debt
or claim, acknowledged or disputed, valid or invalid, resulting from or in
connection with that extension of credit.
B. For the purposes of section 13‑2305, 13‑2306
or 13‑2307:
1. "Dealer in property" means a person who
buys and sells property as a business.
2. "Stolen property" means property of another
as defined in section 13‑1801 that has been the subject of any unlawful
taking.
3. "Traffic" means to sell, transfer,
distribute, dispense or otherwise dispose of stolen property to another person,
or to buy, receive, possess or obtain control of stolen property, with the
intent to sell, transfer, distribute, dispense or otherwise dispose of the
property to another person.
C. For the purposes of this chapter:
1. "Animal activity" means a commercial
enterprise that uses animals for food, clothing or fiber production,
agriculture or biotechnology.
2. "Animal facility" means a building or
premises where a commercial activity in which the use of animals is essential
takes place, which may include
including a zoo, rodeo,
circus, amusement park, hunting preserve and horse and dog event.
3. "Animal or ecological terrorism" means
any felony in violation of section 13‑2312, subsection B that involves at
least three persons acting in concert, that involves the intentional or knowing
infliction of property damage in an amount of more than ten thousand dollars to
the property that is used by a person for the operation of a lawfully conducted
animal activity or to a commercial enterprise that is engaged in a lawfully
operated animal facility or research facility and that involves either:
(a) The use of a deadly weapon or dangerous
instrument.
(b) The intentional or knowing infliction of serious
physical injury on a person engaged in a lawfully conducted animal activity or
participating in a lawfully conducted animal facility or research facility.
4. "Biological agent" means any
microorganism, virus, infectious substance or biological product that may be
engineered through biotechnology or any naturally occurring or bioengineered
component of any microorganism, virus, infectious substance or biological
product and that is capable of causing any of the following:
(a) Death, disease or physical injury in a human,
animal, plant or other living organism.
(b) The deterioration or contamination of air, food,
water, equipment, supplies or material of any kind.
5. "Combination" means persons who
collaborate in carrying on or furthering the activities or purposes of a
criminal syndicate even though such persons may not know each other's identity,
membership in the combination changes from time to time or one or more members
may stand in a wholesaler‑retailer or other arm's length relationship
with others as to activities or dealings between or among themselves in an
illicit operation.
6. "Communication service provider" has
the same meaning prescribed in section 13‑3001.
7. "Criminal syndicate" means any
combination of persons or enterprises engaging, or having the purpose of
engaging, on a continuing basis in conduct that violates any one or more
provisions of any felony statute of this state.
8. "Explosive agent" means an explosive as
defined in section 13‑3101 and flammable fuels or fire accelerants in
amounts over fifty gallons but excludes:
(a) Fireworks as defined in section 36‑1601.
(b) Firearms.
(c) A propellant actuated device or propellant
actuated industrial tool.
(d) A device that is commercially manufactured
primarily for the purpose of illumination.
(e) A rocket having a propellant charge of less than
four ounces.
9. "Material support or resources" includes
money or other financial securities, financial services, lodging, sustenance,
training, safehouses, false documentation or identification, communications
equipment, facilities, weapons, lethal substances, explosives, personnel,
transportation, disguises and other physical assets but does not include
medical assistance, legal assistance or religious materials.
10. "Public establishment" means a
structure that is owned, leased or operated by this state or a political
subdivision of this state or a health care institution as defined in section 36‑401.
11. "Research facility" means a
laboratory, institution, medical care facility, government facility, public or
private educational institution or nature preserve at which a scientific test,
experiment or investigation involving the use of animals is lawfully carried
out, conducted or attempted.
12. "Terrorism" means any felony,
including any completed or preparatory offense, that involves the use of a
deadly weapon or a weapon of mass destruction or the intentional or knowing
infliction of serious physical injury with the intent to either:
(a) Influence the policy or affect the conduct of
this state or any of the political subdivisions, agencies or instrumentalities
of this state.
(b) Cause substantial damage to or substantial
interruption of public communications, communication service providers, public
transportation, common carriers, public utilities, public establishments or
other public services.
13. "Toxin" means the toxic material of
plants, animals, microorganisms, viruses, fungi or infectious substances or a
recombinant molecule, whatever its origin or method of reproduction, including:
(a) Any poisonous substance or biological product
that may be engineered through biotechnology and that is produced by a living
organism.
(b) Any poisonous isomer or biological product,
homolog or derivative of such substance.
14. "Vector" means a living organism or
molecule, including a recombinant molecule or biological product that may be
engineered through biotechnology, that is capable of carrying a biological
agent or toxin to a host.
15. "Weapon of mass destruction" means:
(a) Any device or object that is designed or that
the person intends to use to cause multiple deaths or serious physical injuries
through the use of an explosive agent or the release, dissemination or impact
of a toxin, biological agent, poisonous chemical, or its precursor, or any
vector.
(b) Except as authorized and used in accordance with
a license, registration or exemption by the radiation regulatory agency
pursuant to section 30‑672, any device or object that is designed or that
the person intends to use to release radiation or radioactivity at a level that
is dangerous to human life.
D. For the purposes of sections 13‑2312, 13‑2313,
13‑2314 and 13‑2315, unless the context otherwise requires:
1. "Control", in relation to an
enterprise, means the possession of sufficient means to permit substantial
direction over the affairs of an enterprise and, in relation to property, means
to acquire or possess.
2. "Enterprise" means any corporation,
partnership, association, labor union or other legal entity or any group of
persons associated in fact although not a legal entity.
3. "Financial institution" means any
business under the jurisdiction of the department of financial institutions or
a banking or securities regulatory agency of the United States, a business
coming within the definition of a bank, financial agency or financial
institution as prescribed by 31 United States Code section 5312 or 31 Code of
Federal Regulations section 103.11 or a business under the jurisdiction of the
securities division of the corporation commission, the state real estate
department or the department of insurance.
4. "Racketeering" means any act, including
any preparatory or completed offense, that is chargeable or indictable under
the laws of the state or country in which the act occurred and, if the act
occurred in a state or country other than this state, that would be chargeable
or indictable under the laws of this state if the act had occurred in this
state, and that would be punishable by imprisonment for more than one year
under the laws of this state and, if the act occurred in a state or country
other than this state, under the laws of the state or country in which the act
occurred, regardless of whether the act is charged or indicted, and the act
involves either:
(a) Terrorism, animal terrorism or ecological
terrorism that results or is intended to result in a risk of serious physical
injury or death.
(b) Any of the following acts if committed for
financial gain:
(i) Homicide.
(ii) Robbery.
(iii) Kidnapping.
(iv) Forgery.
(v) Theft.
(vi) Bribery.
(vii) Gambling.
(viii) Usury.
(ix) Extortion.
(x) Extortionate extensions of credit.
(xi) Prohibited drugs, marijuana or other prohibited
chemicals or substances.
(xii) Trafficking in explosives, weapons or stolen
property.
(xiii) Participating in a criminal syndicate.
(xiv) Obstructing or hindering criminal
investigations or prosecutions.
(xv) Asserting false claims including, but not
limited to, false claims asserted through fraud or arson.
(xvi) Intentional or reckless false statements or
publications concerning land for sale or lease or sale of subdivided lands or
sale and mortgaging of unsubdivided lands.
(xvii) Resale of realty with intent to defraud.
(xviii) Intentional or reckless fraud in the
purchase or sale of securities.
(xix) Intentional or reckless sale of unregistered
securities or real property securities.
(xx) A scheme or artifice to defraud.
(xxi) Obscenity.
(xxii) Sexual exploitation of a minor.
(xxiii) Prostitution.
(xxiv) Restraint of trade or commerce in violation
of section 34‑252.
(xxv) Terrorism.
(xxvi) Money laundering.
(xxvii) Obscene or indecent telephone communications
to minors for commercial purposes.
(xxviii) Counterfeiting marks as proscribed in
section 44‑1453.
(xxix) Animal terrorism or ecological terrorism.
(xxx) Smuggling of human beings.
(xxxi) domestic
terrorism.
5. "Records" means any book, paper,
writing, computer program, data, image or information that is collected,
recorded, preserved or maintained in any form of storage medium.
6. "Remedy racketeering" means to enter a
civil judgment pursuant to this chapter or chapter 39 of this title against
property or a person who is subject to liability, including liability for
injury to the state that is caused by racketeering or by actions in concert
with racketeering.
E. For the purposes of sections 13‑2316, 13‑2316.01
and 13‑2316.02:
1. "Access" means to instruct, communicate
with, store data in, retrieve data from or otherwise make use of any resources
of a computer, computer system or network.
2. "Access device" means any card, token,
code, account number, electronic serial number, mobile or personal
identification number, password, encryption key, biometric identifier or other
means of account access, including a canceled or revoked access device, that
can be used alone or in conjunction with another access device to obtain money,
goods, services, computer or network access or any other thing of value or that
can be used to initiate a transfer of any thing of value.
3. "Computer" means an electronic device
that performs logic, arithmetic or memory functions by the manipulations of
electronic or magnetic impulses and includes all input, output, processing,
storage, software or communication facilities that are connected or related to
such a device in a system or network.
4. "Computer contaminant" means any set of
computer instructions that is designed to modify, damage, destroy, record or
transmit information within a computer, computer system or network without the
intent or permission of the owner of the information, computer system or
network. Computer contaminant includes a group of computer instructions, such
as viruses or worms, that is self‑replicating or self‑propagating
and that is designed to contaminate other computer programs or computer data,
to consume computer resources, to modify, destroy, record or transmit data or
in some other fashion to usurp the normal operation of the computer, computer
system or network.
5. "Computer program" means a series of
instructions or statements, in a form acceptable to a computer, that permits
the functioning of a computer system in a manner designed to provide
appropriate products from the computer system.
6. "Computer software" means a set of
computer programs, procedures and associated documentation concerned with the
operation of a computer system.
7. "Computer system" means a set of related,
connected or unconnected computer equipment, devices and software, including
storage, media and peripheral devices.
8. "Critical infrastructure resource"
means any computer or communications system or network that is involved in
providing services necessary to ensure or protect the public health, safety or
welfare, including services that are provided by any of the following:
(a) Medical personnel and institutions.
(b) Emergency services agencies.
(c) Public and private utilities, including water,
power, communications and transportation services.
(d) Fire departments, districts or volunteer
organizations.
(e) Law enforcement agencies.
(f) Financial institutions.
(g) Public educational institutions.
(h) Government agencies.
9. "False or fraudulent pretense" means
the unauthorized use of an access device or the use of an access device to
exceed authorized access.
10. "Financial instrument" means any
check, draft, money order, certificate of deposit, letter of credit, bill of
exchange, credit card or marketable security or any other written instrument as
defined in section 13‑2001 that is transferable for value.
11. "Network" includes a complex of
interconnected computer or communication systems of any type.
12. "Property" means financial instruments,
information, including electronically produced data, computer software and
programs in either machine or human readable form, and anything of value,
tangible or intangible.
13. "Proprietary or confidential computer
security information" means information about a particular computer,
computer system or network that relates to its access devices, security
practices, methods and systems, architecture, communications facilities,
encryption methods and system vulnerabilities and that is not made available to
the public by its owner or operator.
14. "Services" includes computer time,
data processing, storage functions and all types of communication functions. END_STATUTE
Sec. 2. Title 13, chapter 23, Arizona Revised
Statutes, is amended by adding section 13-2320, to read:
START_STATUTE13-2320. Domestic terrorism; classification
A. An
individual or group of individuals commits domestic terrorism if the individual
or group of individuals are not affiliated with a local, state or federal law
enforcement entity and associate with another individual or group of
individuals as an organization, group, corporation or company for the purpose
of patrolling to detect alleged illegal activity or to individually patrol for
the purpose of detecting alleged illegal activity and if the individual or
group of individuals is armed with a firearm or other weapon.
B. Any city,
town or county that suffers injury arising out of a violation of this section
may maintain an action in superior court for the recovery of damages or for an
injunction, or both. the court may award the successful party reasonable
attorney fees.
C. If the
court sentences the defendant to a term of probation, the court shall order
that as an initial condition of probation the defendant be imprisoned in the
county jail for a period of not less than six months. This jail term of
incarceration shall not be deferred, deleted or otherwise suspended and shall
commence on the date of sentencing. THis subsection does not apply to persons
who are sentenced to serve a period of incarceration in the state department of
corrections.
D. A
violation of this section is a class 5 felony. END_STATUTE
