Arizona statute

A.R.S. § 13-2923 — Stalking; classification; exceptions; definitions

Current through 57th Legislature, 1st Regular Session (2025)

Part of Chapter 29: Offenses Against Public Order, Arizona Revised Statutes.

Criminal charges under this statute

Stalking

Full text of A.R.S. § 13-2923

Statutory text current through the 57th Legislature, 1st Regular Session (2025). This publication reproduces the official statutory text published by the Arizona Legislature (Arizona Legislative Council compilation, azleg.gov); it is not the official statutes of the State of Arizona.

A.R.S. § 13-2923Primary source, current through the 57th Legislature, 1st Regular Session (2025)

A. A person commits stalking if the person intentionally or knowingly engages in a course of conduct that is directed toward another person and if that conduct causes the victim to: 1. Suffer emotional distress or reasonably fear that either: (a) The victim's property will be damaged or destroyed. (b) Any of the following will be physically injured: (i) The victim. (ii) The victim's family member, domestic animal or livestock. (iii) A person with whom the victim has or has previously had a romantic or sexual relationship. (iv) A person who regularly resides in the victim's household or has resided in the victim's household within the six months before the last conduct occurred. 2. Reasonably fear death or the death of any of the following: (a) The victim's family member, domestic animal or livestock. (b) A person with whom the victim has or has previously had a romantic or sexual relationship. (c) A person who regularly resides in the victim's household or has resided in the victim's household within the six months before the last conduct occurred. B. This section does not apply to an interactive computer service, as defined in 47 United States Code section 230(f)(2), or to an information service or telecommunications service, as defined in 47 United States Code section 153, for content that is provided by another person. C. Stalking under subsection A, paragraph 1 of this section is a class 5 felony. Stalking under subsection A, paragraph 2 of this section is a class 3 felony. D. For the purposes of this section: 1. "Course of conduct": (a) Means directly or indirectly, in person or through one or more third persons or by any other means, to do any of the following: (i) Maintain visual or physical proximity to a specific person or direct verbal, written or other threats, whether express or implied, to a specific person on two or more occasions over a period of time, however short. (ii) Use any electronic, digital or global positioning system device to surveil a specific person or a specific person's internet or wireless activity continuously for twelve hours or more or on two or more occasions over a period of time, however short, without authorization. (iii) Communicate, or cause to be communicated, on more than one occasion words, images or language by or through the use of electronic mail or an electronic communication that is directed at a specific person without authorization and without a legitimate purpose. (b) Does not include constitutionally protected activity or other activity authorized by law, the other person, the other person's authorized representative or if the other person is a minor, the minor's parent or guardian. 2. "Emotional distress" means significant mental suffering or distress that may, but does not have to, require medical or other professional treatment or counseling.

Official sources

Legal terms used in this section

Questions this section answers

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)

Which Arizona statute covers stalking?

Stalking is governed by A.R.S. § 13-2923 (Stalking; classification; exceptions; definitions).

This reference is informational and is not legal advice.