Stalking in Arizona: A Legal Primer

What is Stalking in Arizona?

In Arizona, stalking is a crime that involves a person who knowingly engages in a pattern of conduct directed toward another person that would cause a reasonable person to fear for his or her safety or the safety of his or her immediate family, or to suffer substantial emotional distress. "Pattern of conduct" means two or more acts directed toward a person, including but not limited to acts in which the actor directly, indirectly, or through third persons by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about such person or others, or interferes with such person or such person’s property.
Though "pattern of conduct" may sound a bit confusing, think of it as any two or more items that would result in fear of the victim or their immediate family. The "course of conduct" does NOT have to directly threaten the specific victim in some way. The conduct can be indirect, and can include harassment directed toward others, and interfere with the property of the victim or his/her family or friends . For example, if the defendant harasses the victim’s family members or friends, or vandalizes their property in order to get to the victim, it still may qualify as stalking under Arizona law. It is important to note that, under Arizona law, stalking is a class 1 misdemeanor, which is punishable by up to 6 months in jail and/or a fine of up to $2,500.
That being said, the accused may be charged with aggravated stalking, which is a class 6 felony. If convicted of aggravated stalking, the accused can face severe penalties, including 1.5 to 3 years in prison, depending on whether he or she has any prior felony convictions. Aggravated stalking occurs when the defendant knowingly engages in a course of conduct that is intended to or would cause a reasonable person in the victim’s situation to: fear for his/her safety or the safety of a third person, including the defendant, to cause substantial emotional distress to the victim or a member of the victim’s immediate family. The crime is considered "aggravated" if the defendant:
Please note that in addition to criminal penalties, the victim can obtain a restraining order against the defendant, to stop him/her from continuing the conduct.

Ariz.S. Statutes on Stalking

The following are the Arizona Revised Statutes that apply to the crime of Stalking and Harassment. These statutes will apply when a stalking charge based on a false police report is being prosecuted.
A.R.S. § 13-2923. Stalking
A. In this section, "course of conduct" means two or more acts, including acts in which a person directly, indirectly or through third persons by any action, method, device, or means follows, monitors, observes, surveils, threatens or communicates to or about a person or a third person, or interferes with a person or a third person’s property.
B. A person commits stalking if the person commits the following acts:

1. Engages in a course of conduct that causes another person to reasonably fear for the person’s safety or for the safety of the person’s immediate family; or
2. Knowingly obtains records about another person from a law enforcement agency or from any employee of a law enforcement agency for the purpose of pursuing that person in violation of this section.

C. For the purposes of this section:

1. The phrase "another person" means any of the following:

(a) The victim.
(b) A member of the victim’s immediate family.

2. The phrase "immediate family" means any of the following:

(a) A spouse or former spouse.
(b) Parents and grandparents.
(c) A child or grandchild.
(d) A biological or legal sibling.
(e) A stepchild or stepgrandchild.

3. For the purposes of subsection B, paragraph 2, "records" means criminal history record information or any other information maintained by a governmental entity that identifies the address or addresses where another person resides.

D. Stalking is a class 5 felony.
E. A person who is convicted of engaging in a course of conduct in violation of subsection B, paragraph 1 has four prior convictions if the trier of fact finds beyond a reasonable doubt that the course of conduct was in violation of an injunction against harassment or an order of protection issued pursuant to section 13-3602, an injunction issued pursuant to section 12-1809 or an order of protection issued pursuant to sections 13-3620, 25-154 and 25-315. A person who is convicted pursuant to this subsection is guilty of a class 4 felony.
A.R.S. § 12-1809. Injunction against harassment
A. Any person who has been a victim of an offense as defined by section 13-2923, subsection B, paragraph 1 may seek an injunction against harassment.
B. A person seeking an injunction against harassment shall complete a petition on a form prescribed by the supreme court and file the petition in the superior court. The court shall issue an order to show cause why the requested injunction should not be issued. In addition to notification requirements under section 12-1808, the court shall require notification to the petitioner’s employer. The court shall set a date for a hearing on the order to show cause no later than ten days after the injunction is served upon the respondent unless good cause exists for continuance of the hearing.
C. When the petition is filed, the court may issue a temporary order against harassment enjoining the harassment of another person pending a hearing on the order to show cause.
D. An injunction against harassment shall be issued only after notice and great measure, it is your responsibility to contact them and get the facts.

Penalties for Stalking in Arizona

In Arizona, stalking is a class 1 misdemeanor if the stalker has no prior convictions for this crime or had no prior convictions within the past five (5) years. With time served, community service, a fine, and/or probation, many individuals can avoid jail time. However, if a stalker has one or more prior convictions it is elevated to a class 6, 5, or 4 felony depending on the number of prior convictions. A class 6 felony is a minimum of six months in prison and a class 4 felony is a minimum of two years in prison and may be longer when accompanied by aggravating factors (e.g. the stalker used a deadly weapon, or knew that the victim had an order of protection against him/her). A civil stalking protection order may also be available if a defendant is found guilty of a harassment or stalking charge. This order prohibits the defendant from coming within a certain distance of the victim’s home or place of employment. It also bars contact from the defendant and his/her agent to the victim. An order violation is a class 1 misdemeanor.

Protection for the Victim

Victims of stalking are able to seek protective measures under Arizona law. A victim of stalking may file for an (Order of Protection or an Injunction Against Harassment). An Order of Protection provides a wider range of relief, including but not limited to ordering the Respondent to vacate the residence shared with the victim and ordering the Respondent to have no contact with minors in the victim’s household. In contrast, an Injunction Against Harassment is more limited and only allows the Court to prohibit the Respondent from having contact with the victim and minor children.
In Arizona, a Petition for an Order of Protection or Petition for Injunction Against Harassment may be filed at the Clerk of the Court. It is not necessary to file a report with law enforcement prior to filing an Order of Protection or an Injunction Against Harassment, but it is a good idea to do so. The alleged harassment must be current, not something that has happened in the past. Protection Orders are a "one size fits all" order, meaning that they are not tailored to the specific issues of the case. Relief is typically granted in the following manner:
After the Petition is filed with the clerk of the Court , the matter will be assigned to a judicial officer with the Justice Court or Superior Court. There is no fee to file a Petition for an Order of Protection. If a filing fee is charged when you file an Injunction Against Harassment, you will receive a Reimbursement Order directing the Respondent to reimburse you for the filing fee if you are successful in getting an Injunction.
You will be provided with one or more copies of the Injunction against Harassment or Order of Protection. You should serve copies of the Order upon the Respondent. Orders/ injunctions are not effective until they are served on the Respondent and entered into the computer database for law enforcement access. You are responsible for serving the Order upon the Respondent unless Respondent was served by the officer at the time of service of process of the Petition for Order of Protection. After the order is served on the Respondent, please call the police or sheriff’s department where you would like the order to be registered. Some police departments will mail the Order to the respondent; other departments will register the order at the time of service.

Proving a Stalking Case

In a stalking case, the relationship between the victim and the perpetrator is based on harassment that puts the victim in a negative light in the community. Stalking is defined in A.R.S. § 13-2923 as "on at least two separate occasions," engaging in a course of conduct that is directed at a specific person and causes substantial emotional distress to that person. A victim of stalking can recover his or her financial damages under A.R.S. § 12-1810 and can seek an injunction against harassment to prevent the offender from contacting the victim.
Although most stalking offenses require the contact to be made more than once, Arizona laws specifically prohibits conduct considered stalking even if it does not happen on two separate occasions. This includes making contact with a person with the intent to annoy, harass, intimidate or dissuade someone from reporting a crime or any of the prohibited acts listed in A.R.S. § 13-2921. Under ARS 13-2921.A3., if a person engages in a course of conduct that "places another person in reasonable apprehension of physical injury or serious emotional injury . . ." or if that same conduct "knows that the conduct places another person in reasonable apprehension that physical injury or serious emotional injury will be suffered by that person or another person," a violation of Arizona stalking law has taken place even if the "course of conduct" has only happened once.
There is no case law specifically defining "course of conduct," it will likely be up to the courts to define what is and is not "course of conduct" under Arizona law.
To prove that a stalking offense took place in Arizona, the prosecutor or law enforcement officer will need evidence of contact between the stalker and the victim. Evidence of contact consists of pictures, phone logs, emails, texts, or other types of documentation that show the stalker made attempts to contact the victim. Other examples of evidence used in a stalking case includes records that show the stalker was physically near the victim and video recordings that show the stalker was in a specific location when the offense occurred.
The best way to prove that an offense has occurred in a stalking case is to keep a log of events that included evidence of the stalking offense. It is also crucial to report all incidents to the police because the more evidence they have, the easier it will be to prove a case in court.

Help and Resources

If you need legal assistance, consider organizations that deal specifically with stalking or domestic violence. Services may range from legal counsel to safety planning and emotional support. The Arizona Coalition to End Sexual & Domestic Violence is an organization dedicated to advocating for victims of sexual assault, domestic violence, and stalking. Through their Victim Services Network, they can connect you with local community resources. They also have a 24-hour crisis hotline at 602-279-2980. The Arizona Department of Economic Security (DES) provides support through its Division of Children, Youth & Families (DCYF) . Even if you do not have physical custody of your child, you can call DCYF at 602-782-9536 to request a consultation on your situation and inquire about available resources. Victim Assistance Stations across the state also support victims of stalking and domestic violence. In addition to emotional support and safety planning, these centers may assist individuals in filing petitions such as an Injunction Against Harassment or an Order of Protection. And don’t overlook local law enforcement agencies and community domestic violence shelters. They are there to help you out in your time of need.