 |
ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
civil terrorism, disorderly conduct; subversion
Purpose
Effective January 1, 2027, establishes the criminal classifications of civil terrorism and subversion and classifies a violation of either offense as a class 5 felony. Includes civil terrorism in the statutory definition of racketeering.
Background
It is unlawful for a person to engage in, organize, promote or facilitate acts of terrorism. Terrorism is defined as any felony, whether completed or preparatory, 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 intent to: 1) influence the policy of or conduct of the state or any political subdivision of the state; 2) cause substantial damage to or substantial interruption of public communications, public transportation, common carriers, public utilities, public establishments or other public services; 3) intimidate or coerce a civilian population; or 4) further the goals, manifestos or objectives of any terrorist organization. Terrorism is classified as a class 2 felony and may be punishable by life imprisonment (A.R.S. §§ 13-2301 and 13-2308.01).
A person commits obstructing a highway or other public throughfare if, either alone or with others, the person: 1) recklessly interferes with the passage of any highway or public thoroughfare by creating an unreasonable inconvenience or hazard without legal privilege to do so; 2) intentionally activates a pedestrian signal with the intention of stopping traffic for soliciting a driver for a donation or business; or 3) intentionally interferes with passage on a highway, a public throughfare or an entrance to a public forum, that results in preventing others from gaining access to a governmental hearing or a political event, after receiving a verbal warning to desist. Violations are a class 1, 2 or 3 misdemeanor depending on the circumstances (A.R.S. § 13-2906).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Establishes the criminal classification of civil terrorism, which a person commits by satisfying all of the following elements:
a) the person intentionally commits vandalism or destruction of property, imminently threatens to cause unlawful and serious physical injury to another person or causes unlawful and serious physical injury to another person;
b) the person acts with the intent to deprive another person of the other person's constitutional rights through fear that the person will cause the other person unlawful, imminent and serious physical injury or imminent vandalization or unlawful destruction of the other person's property; and
c) the person intentionally uses a deadly weapon in furtherance of the person's objective to compel a broad class of citizens to act or refrain from acting and intentionally targets critical infrastructure, public utilities, transportation systems or government buildings.
2. Establishes the criminal classification of subversion which a person commits by acting with intent to deprive another person of their constitutional rights, while committing an unlawful act with intent to cause serious physical injury to another person, and:
a) intentionally advances the interests of an organization that has been declared or designated as a terrorist organization by the U.S. Department of State, or intentionally acts as a foreign government agent; or
b) engages in one of the following:
i. planning or engaging in acts intended to cause serious physical injury, death or substantial destruction of government property;
ii. attempting to seize, damage or disable critical government facilities, public infrastructure or communication systems;
iii. using or planning to use weapons, explosives or other destructive devices; or
iv. coordinating action with others in which the unlawful objective involved violent interference with governmental operations.
3. Stipulates that these prohibitions are to, at all times, be construed by any trier of law or fact in a manner calculated to maximally safeguard the constitutional rights of the people of Arizona.
4. Classifies civil terrorism and subversion as class 5 felonies.
5. Includes civil terrorism under the statutory definition of racketeering.
6. Stipulates that the Legislature may remove a state or federal terrorist organization designation by way of concurrent resolution.
7. Classifies obstructing a public highway or thoroughfare by any means as a class 6 felony if the obstruction is committed by a group of at least three persons.
8. Makes conforming changes.
9. Becomes effective on January 1, 2027.
House Action
JUD 2/11/26 DP 6-3-0-0
3rd Read 3/9/26 31-21-7-0-1
Prepared by Senate Research
March 20, 2026
ZD/ci