Arizona House of Representatives

House Majority Research

MEMORANDUM

Yijee Jeong                                                                    (602) 926-3770

Legislative Research Intern                                                                                                       1700 W. Washington

Committee on Judiciary                                                                                                      Phoenix, AZ  85007-2848

yjeong@azleg.gov                                                                                                                                                                                       

To: Representative Vogt

Re:                 HB 2549 electronic; digital devices; stalking; threatening

Date:              April 19, 2012

House Engrossed

As passed by the House, HB 2549 updates current statute to make unlawful any misuse of electronic or digital devices to terrify, intimidate, threaten, harass, annoy or offend in the course of stalking.  

Senate Amendments

As amended by the Senate, HB 2549 exempts activity authorized by a person, a person’s authorized representative, or if the person is a minor, the minor’s parent or guardian, from the course of conduct defined in the stalking statute.

Free conference committee amendment

The Senate and House Conference Committee made the following changes:

Ø Modifies the mental state requirement by removing the intent to annoy or offend and specifies that it is unlawful for any person, with the intent to terrify, intimidate, threaten or harass a specific person or persons to do any of the following:

o direct any obscene, lewd or profane language or suggest any lewd or lascivious act to the person in an electronic communication;

o threaten to inflict physical harm to a person or property in any electronic communication; or

o otherwise disturb by repeated anonymous, unwanted or unsolicited electronic communications the peace, quiet or right of privacy of the person at the place where the communications were received.

Ø Replaces use of an electronic or digital device with the use of an electronic communication which is defined to mean a wire line, cable, wireless or cellular telephone call, a text message, an instant message or electronic mail.

Ø Specifies that course of conduct as used in the section is maintaining visual or physical proximity to a specific person or directing 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 without authorization.

Ø Specifies the exception for constitutionally protected speech or activity or any other activity authorized by law.

Ø Makes technical and conforming changes.

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