Stalking Defense

Under § 13-2923(A), a person commits stalking by intentionally or knowingly engaging in a course of conduct directed toward another person, when that conduct causes the person to do one of the following:

• Paragraph 1: Suffer emotional distress, or reasonably fear property damage or physical injury to the victim, a family member, a domestic animal or livestock, a current or former romantic or sexual partner, or someone who lives in the household or lived there in the prior six months.
• Paragraph 2: Reasonably fear death, either the victim's own or the death of one of those same people or animals.

The key term is "course of conduct." Under § 13-2923(D), it means doing any of these things, directly or indirectly, in person, through other people or by other means:

• Staying in visual or physical proximity to a specific person, or directing verbal, written or other threats at that person, on two or more occasions.
• Using an electronic, digital or GPS device to watch a specific person, or that person's internet or wireless activity, without authorization, either continuously for twelve hours or more or on two or more occasions.
• Sending, or causing someone else to send, words, images or language to a specific person by electronic means on more than one occasion, without authorization and without a legitimate purpose.

The definition does not cover constitutionally protected activity, activity authorized by law, or conduct the other person (or that person's representative, or a minor's parent or guardian) authorized. "Emotional distress" means "significant mental suffering or distress," and it does not have to require counseling or medical treatment.

Stalking can also be charged as domestic violence when the two people have a qualifying relationship, such as current or former spouses, people who share a child, or people in a current or past romantic or sexual relationship. Section 13-2923 is one of the offenses listed in A.R.S. § 13-3601(A). Our domestic violence defense page explains what that label adds.

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

Under § 13-702(A), the presumptive term is the starting point, and the judge can move up or down based on aggravating and mitigating factors. Prior felony convictions can raise these ranges. Depending on the facts and your history, the court may be able to consider probation instead of prison.

Stalking has several parts, and the State must prove each one beyond a reasonable doubt. A defense often starts with the details of the conduct and the timeline.

• Was there a course of conduct? The definition generally calls for two or more occasions, more than one electronic communication, or twelve or more hours of continuous electronic surveillance. A single encounter or one misread message may not meet that definition.
• Mental state: The State must show you acted intentionally or knowingly. Being at the same store or event by coincidence is different from directing conduct at someone.
• Legitimate purpose or authorization: Messages about shared children, property, money or a business may have a legitimate purpose. Contact the other person invited or agreed to can also matter under § 13-2923(D).
• Reasonable fear and real distress: The fear must be reasonable, and emotional distress must be significant. Full message threads can show a different picture than a few selected messages.
• Digital evidence: Screenshots can be cropped, accounts can be shared or spoofed, and location data can be imprecise. We may seek complete records and metadata instead of selected images.
• Mitigation: Counseling, a clean history and a clear plan to avoid contact can support a request for a reduced charge or probation.

When conduct crosses state lines or uses the mail or online services, a federal charge under 18 U.S.C. § 2261A can also be possible, and Nova Law Group appears in the U.S. District Court for the District of Arizona.