Stalking Laws in Arizona: Definition, Penalties, and Defenses
Stalking is a serious crime that affects many individuals.
According to the Arizona Department of Public Safety, there were 3,304 reported stalking cases in Arizona in 2020 alone.
Stalking can have long-lasting and traumatic effects on the victim, so it is essential to understand Arizona law surrounding stalking.
In this article, we will discuss the following topics:
- What is Stalking in Arizona?
- Types of Stalking
- What Offenses are Related to Stalking?
- Penalties for Stalking in Arizona
- Defenses for Stalking Allegations
- What to do if you are a Victim of Stalking
What is Stalking in Arizona?
Stalking is defined under Arizona Revised Statutes § 13-2923 as engaging in a course of conduct directed at a specific person that would cause a reasonable person to feel fear.
A course of conduct can include any repeated and intentional act, including following, contacting, surveilling, or threatening the victim or the victim’s immediate family members.
It is important to note that the victim’s fear must be reasonable, meaning that a reasonable person in the victim’s position would feel fear.
Types of Stalking
There are different types of stalking in Arizona, including cyberstalking, workplace stalking, and domestic violence stalking.
It is important to note that regardless of the type of stalking, it is a serious crime in Arizona that can result in severe penalties.
- Cyberstalking: This type of stalking involves using technology to harass, intimidate, or threaten another person.
- For example, John repeatedly sends threatening messages to his ex-girlfriend, Sarah, via social media and text messages, causing her to feel fearful for her safety. John could be charged with cyberstalking.
- Workplace stalking: This type of stalking occurs when an individual intentionally or knowingly follows, watches, or threatens a person at their place of work.
- For instance, Jane’s co-worker, Mark, repeatedly shows up at her workplace uninvited, follows her to and from work, and makes threatening comments toward her. Jane could report Mark’s behavior to law enforcement, and Mark could be charged with workplace stalking.
- Domestic violence stalking: This type of stalking occurs when an individual stalk their partner or ex-partner, which can include physical, emotional, and psychological abuse.
- For example, Tom continues to follow and monitor his ex-partner, Anna, after their break-up, leaving her feeling constantly fearful and anxious. Tom’s behavior could be considered domestic violence stalking, and he could face criminal charges.
It is essential to understand the different types of stalking in Arizona and the potential consequences that can result from engaging in such behavior.
If you are facing charges related to stalking, a criminal defense lawyer from the Shah Law Firm can help you understand your legal options and provide effective defense strategies.
What Offenses are Related to Stalking?
In Arizona, there are several offenses related to stalking, including:
- Aggravated stalking: This offense occurs when an individual commits stalking while possessing a deadly weapon, threatens to use a deadly weapon, or has a prior stalking conviction. Aggravated stalking is a class 3 felony, with a maximum penalty of 8.75 years in prison and a fine of up to $150,000.
- Example: David has a prior stalking conviction and continues stalking his neighbor, Emily. One day, he breaks into her home while carrying a gun threatening to harm her if she does not comply with his demands. David could be charged with aggravated stalking, as he committed stalking while possessing a deadly weapon and threatened to use it.
- Cyberstalking: This offense occurs when an individual uses electronic communication to harass, intimidate, or threaten another person. Cyberstalking is a class 5 felony, punishable by up to 2.5 years in prison.
- Example: Amy and Michael are classmates, and Amy has been sending Michael numerous unwanted messages on social media and through text messages, even though he has asked her to stop. Amy’s messages are threatening and harassing, causing Michael to feel afraid. Amy could be charged with cyberstalking, as she used electronic communication to harass and intimidate Michael.
- Harassment: This offense occurs when an individual intentionally engages in a course of conduct directed at a specific person and serves no legitimate purpose. Harassment can include physical or verbal conduct and is a class 1 misdemeanor, punishable by up to 6 months in jail and a fine of up to $2,500.
- Example: Jake and Rachel are roommates, and Jake has been making derogatory comments about Rachel’s race and sexual orientation, even though she has repeatedly told him to stop. Jake’s behavior is making Rachel uncomfortable and interfering with her daily life. Jake could be charged with harassment, as he intentionally engages in a course of conduct that serves no legitimate purpose and is directed at Rachel.
- Violation of an order of protection: If a court issues an order of protection against a defendant, and the defendant violates that order by contacting, harassing, or stalking the victim, they can be charged with typically a class 1 misdemeanor, punishable by 6 months in jail.
- Example: After a history of domestic violence, a court issued an order of protection against Alex, preventing him from contacting his ex-partner, Sarah. However, Alex continues to follow Sarah and shows up at her workplace, even though she has clarified that she does not want any contact with him. Alex could be charged with violating an order of protection, as he violated the court’s order by contacting Sarah.
These examples demonstrate how the different offenses related to stalking can occur in various situations and the potential consequences that can result from engaging in such behavior.
If you are facing charges related to stalking, a criminal defense lawyer from the Shah Law Firm can help you understand your legal options and provide effective defense strategies.
Penalties for Stalking in Arizona
When a person violates ARS 13-2923, and the victim is placed in fear of death or fears the death of an immediate family member, stalking is charged as a Class 3 felony, a severe offense in Arizona.
A Class 3 felony can result in imprisonment for up to seven years.
However, if the victim did not fear death but instead suffered emotional distress or feared for their safety or the safety of their family, then stalking is charged as a Class 5 felony.
A Class 5 felony is still a serious crime in Arizona and can result in up to four years in state prison.
It is important to note that the specific penalty for stalking will depend on the facts of the case. An experienced criminal defense lawyer from the Shah Law Firm can help you understand the potential penalties and develop effective defense strategies.
Furthermore, a conviction for stalking may result in a restraining order or an order of protection against the defendant.
In addition to imprisonment and fines, a stalking conviction in Arizona can also result in other penalties, such as a criminal record and public shame, that can impact a person’s personal and professional life.
Defenses for Stalking Allegations
There are several rebuttals available for individuals charged with stalking in Arizona.
- Lack of intent: If the defendant can prove that they had no intention of causing fear or intimidation, they may be able to have their charges reduced or dismissed.
- For instance, John has been accused of stalking his ex-girlfriend, Sarah. However, John can prove that his actions were not intended to cause Sarah to feel fear but were instead intended to reconcile their relationship.
- Consent: If the alleged victim consented to the behavior, the defendant might be able to use this as a defense.
- For example, Jane and John have been engaging in a consensual BDSM relationship, which involves John engaging in stalking behavior toward Jane. However, Jane decides to end the relationship and accuses John of stalking. John could use the act of consent to argue that his behavior was part of their consensual relationship.
- Lack of evidence: If there is insufficient evidence to prove that the defendant engaged in stalking behavior, they may be able to have their charges reduced or dismissed.
- For instance, Mark has been accused of workplace stalking by Jane. However, there is no evidence to support Jane’s claim nor witnesses who saw Mark engage in the alleged behavior.
- Lack of knowledge: If the defendant can prove that they did not know that their behavior constituted stalking, they may be able to have their charges reduced or dismissed.
- For example, Tom has been accused of domestic violence stalking by Anna. However, Tom did not know that his behavior, which included monitoring Anna’s whereabouts and sending her unwanted gifts, constituted stalking.
It is important to note that each case is unique, and the best defense will depend on the case’s specific circumstances.
If you are facing charges related to stalking, a lawyer from the Shah Law Firm can help you understand your legal options and provide effective defense strategies.
What to do if you are a Victim of Stalking
If you are a victim of stalking in Arizona, it is crucial to take immediate action to protect yourself.
Contacting law enforcement and obtaining a restraining order or order of protection may be necessary to ensure your safety.
It is also essential to document any instances of stalking, including saving any threatening messages or voicemails.
Seeking support from a therapist or counselor can also be beneficial for victims of stalking.
An attorney from the Shah Law Firm can help you understand your legal rights and options as a victim of stalking in Arizona.
You are Not Alone. The Shah Law Firm is Here to Help
However, The Shah Law Firm can help individuals with stalking charges understand their legal rights and options and provide effective defense strategies.
By working with our lawyers, you can build a strong defense strategy that considers the specific circumstances of your case and protects your rights throughout the legal process.
Don’t let stalking allegations define your future—contact the Shah Law Firm today and receive a free consultation at (602) 560-7408.
