13-2308.02. Making a terrorist threat; false reporting of terrorism; liability for expenses; classification; definitions

A. It is unlawful for a person to threaten to commit an act of terrorism and communicate the threat to any other person.

B. It is unlawful for a person to knowingly make a false report of an act of terrorism and communicate the false report to any other person.

C. It is not a defense to a prosecution under this section that the person did not have the intent or capability of committing the act of terrorism.

D. A person who is convicted of a violation of this section is liable for the expenses that are incurred incident to the response to or the investigation of the commission of the terrorist threat or the false report of terrorism. If the person is a juvenile who is adjudicated delinquent for a violation of this section, the court may order the juvenile to pay the expenses incurred under this subsection as restitution.  The expenses are a debt of the person. The public agency, for-profit entity or not-for-profit entity that incurred the expenses may collect the debt proportionally.  The liability that is imposed under this subsection is in addition to any other liability that may be imposed.

E. A violation of this section is a class 3 felony.

F. For the purposes of this section:

1. "Expenses":

(a) Means any reasonable costs that are directly incurred by a public agency, for-profit entity or not-for-profit entity that makes an appropriate response to an incident or an investigation of the commission of the terrorist threat or a false report of terrorism.

(b) Includes the costs of providing police, firefighting, rescue and emergency medical services at the scene of an incident and the salaries of the persons who respond to the incident.

(c) Does not include any charges that are assessed by an ambulance service that is regulated pursuant to title 36, chapter 21.1, article 2.

2. "Public agency" has the same meaning prescribed in section 38-502 and includes the federal government, any Arizona federally recognized Native American tribe or any other public authority that is located in whole or in part in this state.