Stalking and Harassment Defense

Threatening or intimidating. Under A.R.S. § 13-1202, this means threatening or intimidating, by word or conduct, to cause physical injury to another person or serious damage to another's property. It also covers threats to cause serious public inconvenience, such as a building evacuation, and threats to benefit a criminal street gang or similar enterprise.

Harassment. Under A.R.S. § 13-2921, a person commits harassment by knowingly and repeatedly committing acts that harass another person, or by knowingly committing any one of these acts in a manner that harasses:

• Contacting the person, or causing a communication, by verbal, electronic, telephonic, written or similar means.
• Continuing to follow the person in or about a public place after being asked to stop.
• Surveilling the person, or causing someone else to do it.
• Making a false report about the person to a law enforcement, credit or social service agency.
• Interfering with the delivery of a public or regulated utility to the person.

"Harass" means conduct directed at a specific person that would cause a reasonable person to be seriously alarmed, annoyed, humiliated or mentally distressed, and that in fact has that effect. It does not apply to lawful demonstrations, assemblies or picketing.

Aggravated harassment. Under A.R.S. § 13-2921.01, harassment becomes aggravated if, at the time, a protective order or injunction for the person had been served and was valid, an emergency order of protection was in effect, a release condition barred contact, or you had a prior domestic violence conviction against the same person.

Stalking. Under A.R.S. § 13-2923, stalking is intentionally or knowingly engaging in a course of conduct directed toward another person that causes that person to suffer emotional distress, to reasonably fear property damage or physical injury, or to reasonably fear death. The fear of injury or death can be for the person, a family member, a domestic animal or livestock, a current or former romantic or sexual partner, or someone who lives or recently lived in the household.

A "course of conduct" includes keeping visual or physical proximity to a person, or directing threats at the person, on two or more occasions. It also includes surveilling the person with an electronic or GPS device without authorization, for twelve hours or more or on two or more occasions, and sending electronic communications directed at the person on more than one occasion without authorization and without a legitimate purpose. It does not include constitutionally protected activity or activity authorized by law. "Emotional distress" means significant mental suffering or distress.

Misdemeanors. A class 1 misdemeanor carries up to six months in jail under A.R.S. § 13-707(A) and a fine of up to $2,500 under A.R.S. § 13-802(A), with surcharges added to the fine. See our misdemeanor defense page.

Felonies. For a first felony offense that is not charged as dangerous, A.R.S. § 13-702(D) sets these prison ranges:

Prior felony convictions raise these ranges under A.R.S. § 13-703.

For a class 6 felony that is not dangerous, A.R.S. § 13-604(A) lets the court enter a misdemeanor conviction, or leave the offense undesignated during probation, if a felony sentence would be unduly harsh, unless you have two or more prior felony convictions.

Was it a course of conduct? Stalking requires conduct on two or more occasions, or electronic communications on more than one occasion without authorization and without a legitimate purpose. We look at each event the State counts and whether it fits the definition.

The context of the messages. We review full message threads, including what the other person sent, and any legitimate purpose such as coparenting. Activity the other person authorized is not part of a course of conduct.

Did the conduct actually harass? Harassment requires conduct that would seriously alarm, annoy, humiliate or distress a reasonable person, and that actually did. Stalking requires emotional distress or reasonable fear. We examine whether the evidence shows that.

Was it really a threat? Threatening or intimidating requires a threat to cause physical injury, serious property damage or another listed result. We look at the words, the setting and how they were understood.

Who sent it? Numbers can be spoofed and accounts shared or faked. The State must prove you were behind the contact, and we test that evidence.

Was the order valid and served? For aggravated harassment, an order must have been served on you and valid at the time, a release condition must still have been in effect, and a prior conviction must involve the same person. We check each fact.