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REFERENCE TITLE: threatening; intimidating; harassment; public officials |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HB 2412 |
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Introduced by Representative Nguyen
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AN ACT
AMENDING SECTIONS 13-1202 AND 13-2921, ARIZONA REVISED STATUTES; RELATING TO offenses against public order.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-1202, Arizona Revised Statutes, is amended to read:
13-1202. Threatening or intimidating; classification; definitions
A. A person commits threatening or intimidating if the person threatens or intimidates by word or conduct:
1. To cause physical injury to another person or serious damage to the property of another; or
2. To cause, or in reckless disregard to causing, serious public inconvenience, including, but not limited to, evacuation of a building, place of assembly or transportation facility; or
3. To cause physical injury to another person or damage to the property of another in order to promote, further or assist in the interests of or to cause, induce or solicit another person to participate in a criminal street gang, a criminal syndicate or a racketeering enterprise.
B. Threatening or intimidating pursuant to subsection A, paragraph 1 or 2 of this section is a class 1 misdemeanor, except that it is a:
1. Class 3 felony if the offense is committed against a public official or public employee or a family member of a public official or public employee.
2. Class 6 felony if:
1. (a) The offense is committed in retaliation for a victim's either reporting criminal activity or being involved in an organization, other than a law enforcement agency, that is established for the purpose of reporting or preventing criminal activity.
2. (b) The person is a criminal street gang member.
C. Threatening or intimidating pursuant to subsection A, paragraph 3 of this section is a class 3 felony.
D. For the purposes of this section:
1. "Family member" has the same meaning prescribed in section 13-2319.
2. "Public employee" has the same meaning prescribed in section 12-820.
3. "Public official" has the same meaning prescribed in section 41-1231.
Sec. 2. Section 13-2921, Arizona Revised Statutes, is amended to read:
13-2921. Harassment; classification; definitions
A. A person commits harassment if the person knowingly and repeatedly commits an act or acts that harass another person or the person knowingly commits any one of the following acts in a manner that harasses:
1. Contacts or causes a communication with another person by verbal, electronic, mechanical, telegraphic, telephonic or written means.
2. Continues to follow another person in or about a public place after being asked by that person to desist.
3. Surveils or causes a person to surveil another person.
4. Makes a false report to a law enforcement, credit or social service agency against another person.
5. Interferes with the delivery of any public or regulated utility to another person.
B. A person commits harassment against a public officer official or public employee or a family member of a public official or public employee if the person, with intent to harass, files a nonconsensual lien against any public officer official or public employee or a family member of a public official or public employee that is not accompanied by an order or a judgment from a court of competent jurisdiction authorizing the filing of the lien or is not issued by a governmental entity or political subdivision or agency pursuant to its statutory authority, a validly licensed utility or water delivery company, a mechanics' lien claimant or an entity created under covenants, conditions, restrictions or declarations affecting real property.
D. C. This section does not apply to any of the following:
1. A lawful demonstration, assembly or picketing.
2. A professional private investigator or peace officer who is licensed regulated by this state and who is acting within the scope of the investigator's or officer's duties in connection with any criminal or civil investigation.
3. A certified and duly authorized process server who is acting within the scope of the process server's duties in connection with any judicial or administrative action or proceeding.
C. D. Harassment under subsection A of this section is a class 1 misdemeanor, except that it is a class 5 felony if the offense is committed against a public official or public employee or a family member of a public official or public employee.
E. Harassment under subsection B of this section is a class 5 felony.
E. f. For the purposes of this section: ,
1. "Family member" has the same meaning prescribed in section 13-2319.
2. "Harass" means conduct that is directed at a specific person and that would cause a reasonable person to be seriously alarmed, annoyed, humiliated or mentally distressed and the conduct in fact seriously alarms, annoys, humiliates or mentally distresses the person.
3. "Public employee" has the same meaning prescribed in section 12-820.
4. "Public official" has the same meaning prescribed in section 41-1231.