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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
electronic communications; personal information; harassment
Purpose
Prohibits a person from using an electronic communication device to share another person's personal identifying information with the intent to terrify, intimidate, threaten or harass the person or an immediate family member of the person.
Background
It is a class 1 misdemeanor for a person, with intent to terrify, intimidate, threaten or harass a specific person or persons, to: 1) direct any obscene, lewd or profane language or suggest any lewd or lascivious act to the person in an electronic communication; 2) threaten to inflict physical harm to any person or property in any electronic communication; or 3) 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. Each of these offenses are deemed to have been committed at either the place where the communications originated or at the place where the communications were received (A.R.S. § 13-2916).
Electronic communication is defined as a wire line, cable, wireless or cellular telephone call, a text message, an instant message or electronic mail (A.R.S. § 13-2916). Interactive computer service includes any information service, system or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions (47 U.S.C. § 230). Information service means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing or making available information via telecommunications, including electronic publishing but not use of any such capability for the management, control or operation of a telecommunications system or the management of a telecommunications service. Telecommunications service includes the offering of telecommunications for a fee directly to the public or to such classes of users as to be effectively available directly to the public, regardless of the facilities used (47 U.S.C. § 153).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a person from using an electronic communication device to electronically distribute, publish, email, hyperlink or make available for downloading another person's personal identifying information, including a digital image of the person, or an electronic message of a harassing nature about the person if:
a) the person committing the offense intends to terrify, intimidate, threaten or harass the person or an immediate family member of the person;
b) the person committing the offense acts without the other person's consent;
c) the person committing the offense acts for the purpose of imminently causing the other person unwanted physical contact, injury or harassment by a third party; and
d) the use does in fact incite or produce that unwanted physical contact, injury or harassment.
2. Exempts an interactive computer service, information service and telecommunications service from the prohibition against using an electronic communication device to terrify, intimidate, threaten or harass, for content that is provided by another person.
3. Defines electronic communication device as a telephone, mobile telephone, computer, internet website, internet telephone, hybrid cellular, internet or wireless device, personal digital assistant, video recorder, fax machine or pager.
4. Defines harassment as a knowing and willful course of conduct that is directed at a specific person, that a reasonable person would consider as seriously alarming, seriously disruptive, seriously tormenting or seriously terrorizing the person and that serves no legitimate purpose.
5. Defines of a harassing nature as:
a) of a nature that a reasonable person would consider as seriously alarming, seriously disruptive, seriously tormenting or seriously terrorizing the person; and
b) that serves no legitimate purpose.
6. Defines personal identifying information as information that would allow the identified person to be located, contacted or harassed, including, but not limited to, the person's home address, work address, phone number and email address.
7. Makes technical and conforming changes.
8. Becomes effective on the general effective date.
House Action
JUD 2/10/21 DP 10-0-0-0
3rd Read 2/24/21 48-11-1
Prepared by Senate Research
March 9, 2021
JA/RC/kja