Arizona criminal charge
Stalking in Arizona
Stalking is a criminal offense under Arizona law, defined by A.R.S. § 13-2923. Its classification is not fixed: Arizona assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by A.R.S. § 13-2923.
What is the penalty for stalking in Arizona?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 9 months to 24 months (Stalking causing emotional distress or fear of property/physical injury — Applies when the conduct falls under subsection A, paragraph 1, causing emotional distress or reasonable fear of property damage or physical injury.; presumptive 1.5 years; mitigated 6 months / aggravated 2.5 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Stalking causing emotional distress or fear of property/physical injury — Applies when the conduct falls under subsection A, paragraph 1, causing emotional distress or reasonable fear of property damage or physical injury.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 2.5 years to 7 years (Stalking causing reasonable fear of death — Applies when the conduct falls under subsection A, paragraph 2, causing reasonable fear of death of the victim or specified persons.; presumptive 3.5 years; mitigated 2 / aggravated 8.75 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Stalking causing reasonable fear of death — Applies when the conduct falls under subsection A, paragraph 2, causing reasonable fear of death of the victim or specified persons.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
Applies to first felony offense, non-dangerous; presumptive term 1.5 years.
How is stalking classified in Arizona?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Stalking causing emotional distress or fear of property/physical injury | Class 5 Felony | Applies when the conduct falls under subsection A, paragraph 1, causing emotional distress or reasonable fear of property damage or physical injury. | A.R.S. § 13-2923C |
| Stalking causing reasonable fear of death | Class 3 Felony | Applies when the conduct falls under subsection A, paragraph 2, causing reasonable fear of death of the victim or specified persons. | A.R.S. § 13-2923C |
Common questions about stalking in Arizona
Is stalking a felony or a misdemeanor in Arizona?
It depends on the circumstances: stalking ranges from a Class 5 Felony to a Class 3 Felony in Arizona under A.R.S. § 13-2923.
Stalking causing emotional distress or fear of property/physical injury: Class 5 Felony (A.R.S. § 13-2923C) · Stalking causing reasonable fear of death: Class 3 Felony (A.R.S. § 13-2923C)
What are the penalties for stalking in Arizona?
Penalties for stalking in Arizona depend on how it is classified — from a Class 5 Felony up to a Class 3 Felony — with the ranges set by A.R.S. § 13-702; the full table of ranges by variant is published on this page.
Which Arizona statute covers stalking?
Stalking is governed by A.R.S. § 13-2923 (Stalking; classification; exceptions; definitions).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.