Arizona Stalking Laws

In recent years, many states have updated their stalking statutes. This is partly because the internet and social media have made it easier for stalkers to communicate with and threaten their victims.

Arizona, like every other state, has specific stalking laws. They work together with federal laws that prohibit stalking behavior. Those found guilty of stalking face severe criminal penalties.

This article examines and explains Arizona‘s stalking laws, including the penalties and defenses to this criminal charge. If you’re facing stalking charges, it’s a good idea to contact an experienced Arizona criminal defense attorney. They’ll review your case and help you devise a strong defense strategy.

How Do Arizona‘s Criminal Laws Define Stalking?

The Arizona Revised Statutes define the crime of stalking in great detail. Not only does it offer a general definition of this crime, but it also provides specific examples of the types of stalking recognized by Arizona law.

In Arizona, a person is guilty of stalking if they knowingly engage in a course of conduct directed toward a specific person that causes the other person to experience significant emotional distress or fear for their personal safety. It also applies to the victim’s family members and others considered part of the victim’s household.

It’s important to understand who Arizona law considers as “family” under the law. A person commits a stalking offense when their behavior causes the other person to suffer emotional distress, reasonably fear that their property will be damaged or destroyed, or that any of the following will suffer a physical injury:

• The victim themselves
• The victim’s immediate family members
• The victim’s domestic animal (or livestock)
• A person the victim has (or used to have) a romantic and sexual relationship with
• Anybody who regularly resides with the victim or has lived with them within six months of the defendant’s stalking behavior

Anyone suspected of the above faces Class 5 felony charges. If the defendant causes the victim to fear their own death or the death of any of the people identified as family or household members, they instead face Class 3 felony charges.

Types of Stalking Under Arizona Law

Arizona‘s stalking laws outline specific behaviors that qualify as stalking and offer a clear definition of what constitutes a “course of conduct.” The state must prove its case beyond a reasonable doubt that a criminal defense lawyer may attempt to create.

A course of conduct that constitutes stalking in Arizona means engaging, either directly or through another person, in any of the following behaviors:

• Maintaining a visual or physical proximity to the victim
• Sending repeated communications to the victim by any method (email, text messages, social media messages, or any other electronic communication, etc.)
• Making threats or harassing the victim
• Monitoring the victim using GPS or other electronic devices
• Surveilling the victim in any manner

To qualify as a course of conduct, the defendant must engage in the above behaviors more than once and over a period of time. For example, if an individual sent a single text message to their ex-spouse, it would not constitute stalking. However, if that same individual sent dozens of text messages each week to their ex for months on end, it would qualify as a course of conduct for stalking purposes.

Reasonable Fear or Emotional Distress

It’s not enough that a person engages in a course of conduct with an alleged victim. To be found guilty of stalking in Arizona, a defendant’s actions must also create a reasonable fear in the victim. This can be a fear of death, physical injury, damage to property, or any other type of danger.

A person can also be guilty of stalking if their behavior causes emotional distress in the victim. For instance, if a person makes a series of phone calls threatening to kill an individual’s pet, that will most certainly cause emotional distress.

A person does not have to seek medical or psychological help to prove they suffered emotional distress. Requiring assistance, therapy, or counseling isn’t required to secure a stalking conviction, but it helps in proving emotional distress.

Cyberstalking

Federal laws criminalize cyberstalking, making it illegal to use electronic communications to engage in a pattern of behavior meant to cause fear or emotional distress in another person. It’s also addressed on the state level.

Under Arizona law, a person who uses the internet to stalk another individual is guilty of either a Class 5 or Class 3 felony. The specific charge depends on the nature of the offense and whether the defendant threatened the victim with physical harm or death.

The penalties for cyberstalking are the same as those for regular stalking. Both Class 3 and Class 5 felonies impose lengthy prison time and substantial fines.

Penalties for Stalking in Arizona

In a stalking case, the prosecutor may file charges as a Class 3 or Class 5 felony. It depends on the facts of the case and the seriousness of the defendant’s behavior. A person who threatens their alleged victim with death will face more serious charges than someone who makes other types of threats. Those who make death threats will be charged with a Class 3 felony offense, which carries between two-and-a-half and seven years in state prison, along with fines of up to $150,000.

A person accused of any other type of stalking often faces Class 5 felony charges. The penalties for this level of offense include fines of up to $150,000 and a prison term of between nine months and two years.

These penalty ranges are presumptive and provide guidelines for sentencing. Judges have discretion to impose sentences outside these ranges based on the specific circumstances of the case. The judge can increase or decrease a defendant’s sentence based on mitigating and aggravating factors. For example, if a defendant used a deadly weapon while stalking an alleged victim, the judge may increase their maximum prison sentence to 8.75 years.

It works the other way as well. A defendant who didn’t use death threats and had no previous criminal record may find their sentence to six months instead of the presumptive sentence minimum of one-and-a-half years for a Class 5 felony. Mitigating factors are usually only applied to a first-time offender. If a defendant in a stalking case has prior convictions, they’ll likely receive the maximum sentence.

Possible Defenses to Stalking Charges

As with any other crime, you have the right to raise affirmative defenses to the criminal charges you face. Given the seriousness associated with stalking charges, it’s a good time to consider getting professional legal advice. Facing a misdemeanor charge like shoplifting or petty theft is one thing, but felonies are much more serious. When you’re facing criminal charges that may result in a lengthy prison term, having a seasoned criminal defense lawyer by your side is a necessity.

After reviewing your case, your attorney will decide on a specific defense strategy. The state of Arizona recognizes the following defenses to stalking:

• Consent: If the victim consented to the communications, it does not qualify as stalking
• Lack of intent: If you can prove that you didn’t intend to cause fear or emotional distress, the prosecutor should dismiss or reduce the charges
• Constitutionally protected activity: Your attorney may pursue a defense of free speech rights if feasible
• No reasonable fear: A lawyer may be able to prove that your actions did not cause reasonable fear in the victim
• Lack of emotional distress: The prosecutor must demonstrate that your behavior caused the victim to suffer emotional distress
• Legitimate purpose: You may be able to convince the judge (or jury) that your communications served a legitimate purpose, such as shared custody issues

In any criminal case, you may be able to argue that law enforcement conducted an illegal search and seizure. If you’re arrested without a warrant or probable cause, your attorney may be able to get the judge to deem the state’s evidence inadmissible.

What About a Defendant’s Freedom of Speech?

When someone is facing criminal charges for stalking, it may be tempting to claim that their actions qualify as constitutionally protected activity. Be aware that it’s challenging to effectively employ this defense, despite the U.S. Supreme Court holding that certain types of speech and actions are protected by the First Amendment.

A person can exercise their right of free speech in their communications with another person, but there are limits, as ruled in Counterman v. Colorado (2023). In Counterman, the court held that to secure a stalking conviction, the prosecutor must prove that the defendant was aware that their words or actions could pose a risk of threatening the victim. Adopting a recklessness standard, a defendant must demonstrate a conscious disregard for the substantial risk that a reasonable person would view their behavior as a threat of violence.

How Does an Order of Protection Impact a Stalking Case?

If a person violates an existing order of protection while engaging in stalking, it can impact their case in two important ways. First, violating the protective order is itself a separate criminal offense. Second, the existence of a violated protective order may serve as an aggravating factor that can enhance the penalties for the underlying stalking charge.

When someone is accused of violating an order of protection, the specific charges depend on the circumstances. For a first-time violation of a protective order, a person may face Class 1 misdemeanor charges. If the defendant has prior felony convictions or this is their second or subsequent violation of the order, the state may charge them with a Class 5 felony.

Violating an existing restraining order or order of protection is often considered an aggravating factor. When aggravating factors are present, the judge can impose enhanced sentences.

Aggravating factors in a stalking case include:

• The victim is under the age of 15
• The defendant has prior stalking convictions
• The defendant violates an existing protective order

If a defendant in a stalking case violates an order of protection for domestic violence, they may face charges for violating Arizona‘s aggravated domestic violence laws. The penalties for this offense are more severe than cases involving an injunction against harassment. Arizona also honors protective orders from other states.

How To Get a Protective Order Against a Stalker

If you’re the victim of stalking or domestic violence, you can seek an order of protection. Arizona law offers two types of restraining orders. The type of order you need depends on your specific situation.

The first type is an Order for Protection (OP) for domestic violence. To qualify for this type of order, you must establish that you have a domestic relationship with the person the order is against. You must demonstrate that the subject of the order is one of the following:

• A current or former spouse
• Someone you share a child with
• A cohabitant
• A family member

If you cannot establish this relationship, you must apply for an Injunction Against Harassment (IAH) instead. You can request this type of order regardless of your relationship with the other person.

To request an Order of Protection, you must take the following steps:

• Determine your eligibility (see above)
• Complete an application online at the AZPOINT portal or directly through the court
• File your petition with the local municipal, justice, or superior court
• Allow the court time to review your petition (During this review period, the judge will grant a temporary Order of Protection/Injunction Against Harassment)
• If approved, allow the court to serve a copy of a temporary order on the defendant
• Attend a hearing and present your case
• Find out if the court will make the temporary order permanent or dismiss your petition

If the judge approves your request, the order will be in effect for two years (OP) or one year (IAH).

Getting Legal Advice

Stalking charges are quite serious. If you find yourself charged, consider speaking with an Arizona criminal defense attorney as soon as possible. Things move quickly after your arrest, and you’ll want to have a lawyer by your side throughout the process. Most offer free initial consultations to determine if you’re a good fit for one another.

Not only will a stalking conviction result in possible jail time and substantial fines, but it will also remain on your criminal record. This will impact your personal and professional lives. Having an attorney by your side will help you either get the charges dismissed, negotiate a favorable plea bargain, or stand with you at trial.

Additional Resources

Any person in a dangerous emergency situation that requires immediate intervention should call 911. Non-emergency help is available from the National Domestic Violence Hotline at 1-800-799-SAFE (7233). FindLaw’s Domestic Violence section also offers valuable resources and information.