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Excessive text messages, emails, and phone calls. Unwanted gifts. Showing up uninvited to places. As the Stalking Resource Center explains, this behavior constitutes stalking. It is criminal and unacceptable. This table and the in-depth summary article below covers Arizona Revised Statutes section 13-2923, the law that governs stalking in the State of Arizona.
| Code Section | 13-2923 |
| Stalking Defined as | Intentionally or knowingly engages in course of conduct that is directed toward another and causes fear of personal safety or safety of immediate family members |
| Punishment/Classification | Class 5 felony unless fear of death then Class 3 felony |
| Penalty for Repeat Offense | - |
| Arrest or Restraining Order Specifically Authorized by Statute? | - |
| Constitutionally Protected Activities Exempted? | - |
Note:State laws are constantly changing -- please contact an Arizona criminal defense attorney or conduct your own legal research to verify the state law(s) you are researching.
Definition of Stalking: Under Arizona law, stalking is intentionally or knowingly engaging in course of conduct that is directed toward another and causes fear of personal safety or death for that individual or his or her immediate family members.
A “course of conduct” is defined in detail in section 13-2923, but generally it means a repetitive pattern of unwanted, harassing, or threatening behavior committed by one person against another. The threat may be verbal, written, or in some other form, and can be express or implied.
Classification of the Crime: First-time stalking offenses that cause a fear of safety may be classified as a Class 5 felony. Stalking charges that cause a fear of death are a Class 3 felony.
Punishment: Punishment for Class 5 stalking may include probation, up to one year in jail, or a prison sentence ranging from six months to two and a half years. If the defendant has prior felony convictions, he or she could face an additional one to seven and a half years in prison depending on the number of convictions and other relevant circumstances.
Class 3 stalking is punishable by probation, up to one year in jail, or between two to eight and three quarter years in prison. Again, prior felony convictions could lead to increased prison time ranging from three and a half to twenty-five years. The sentence depends primarily on the criminal record of the defendant and the facts of the case.
Additional criminal charges may be filed against a defendant if there is a protective order prohibiting the defendant from having contact with the victim.
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 section on Domestic Violence also has resources and information.
Stalking accusations can be very complicated. If you have been accused of stalking or another crime, an experienced criminal defense attorney can assist with your case by reviewing the facts, explaining the law, and representing you in court. Start learning more today by consulting with an Arizona criminal defense lawyer.
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