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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Criminal Code
Chapter : OFFENSES AGAINST PUBLIC ORDER
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13-2901 Definitions
In this chapter, unless the context otherwise requires:
1. "Marijuana" means all parts of any plant of the genus cannabis, from which the
resin has not been extracted, whether growing or not, and the seeds of such
plant. Marijuana does not include the mature stalks of such plant, or the sterilized
seed of such plant which is incapable of germination.
2. "Public" means affecting or likely to affect a substantial group of persons.
13-2902 Unlawful assembly; classification
A. A person commits unlawful assembly by:
1. Assembling with two or more other persons with the intent to engage in conduct
constituting a riot as defined in section 13-2903; or
2. Being present at an assembly of two or more other persons who are engaged in or
who have the readily apparent intent to engage in conduct constituting a riot as defined
in section 13-2903 and knowingly remaining there and refusing to obey an official order
to disperse.
B. Unlawful assembly is a class 1 misdemeanor.
13-2903 Riot; classification
A. A person commits riot if, with two or more other persons acting together, such
person recklessly uses force or violence or threatens to use force or violence, if such
threat is accompanied by immediate power of execution, which disturbs the public peace.
B. Riot is a class 5 felony.
13-2904 Disorderly conduct; classification
A. A person commits disorderly conduct if, with intent to disturb the peace or
quiet of a neighborhood, family or person, or with knowledge of doing so, such person:
1. Engages in fighting, violent or seriously disruptive behavior; or
2. Makes unreasonable noise; or
3. Uses abusive or offensive language or gestures to any person present in a manner
likely to provoke immediate physical retaliation by such person; or
4. Makes any protracted commotion, utterance or display with the intent to prevent
the transaction of the business of a lawful meeting, gathering or procession; or
5. Refuses to obey a lawful order to disperse issued to maintain public safety in
dangerous proximity to a fire, a hazard or any other emergency; or
6. Recklessly handles, displays or discharges a deadly weapon or dangerous
instrument.
B. Disorderly conduct under subsection A, paragraph 6 is a class 6
felony. Disorderly conduct under subsection A, paragraph 1, 2, 3, 4 or 5 is a class 1
misdemeanor.
13-2905 Loitering; classification
A. A person commits loitering if such person intentionally:
1. Is present in a public place and in an offensive manner or in a manner likely to
disturb the public peace solicits another person to engage in any sexual offense; or
2. Is present in a transportation facility and after a reasonable request to cease
or unless specifically authorized to do so solicits or engages in any business, trade or
commercial transactions involving the sale of merchandise or services; or
3. Is present in a public place to beg, unless specifically authorized by law; or
4. Is present in a public place, unless specifically authorized by law, to gamble
with any cards, dice or other similar gambling devices; or
5. Is present in or about a school, college or university building or grounds after
a reasonable request to leave and either does not have any reason or relationship
involving custody of or responsibility for a pupil or student or any other specific
legitimate reason for being there or does not have written permission to be there from
anyone authorized to grant permission.
B. Loitering under subsection A, paragraph 5 is a class 1 misdemeanor. Loitering
under subsection A, paragraphs 1, 2, 3 and 4 is a class 3 misdemeanor.
13-2906 Obstructing a highway or other public thoroughfare; classification
A. A person commits obstructing a highway or other public thoroughfare if, having
no legal privilege to do so, such person, alone or with other persons, recklessly
interferes with the passage of any highway or public thoroughfare by creating an
unreasonable inconvenience or hazard.
B. Obstructing a highway or other public thoroughfare is a class 3 misdemeanor.
13-2907.01 False reporting to law enforcement agencies; classification
A. It is unlawful for a person to knowingly make to a law enforcement agency of
either this state or a political subdivision of this state a false, fraudulent or
unfounded report or statement or to knowingly misrepresent a fact for the purpose of
interfering with the orderly operation of a law enforcement agency or misleading a peace
officer.
B. Violation of this section is a class 1 misdemeanor.
13-2907.02 False reporting of child abuse or neglect; classification
A person who knowingly and intentionally makes a false report of child abuse or
neglect knowing the report is false or a person who coerces another person to make a
false report of child abuse or neglect knowing the report is false is guilty of a class 1
misdemeanor.
13-2907.03 False reporting of sexual assault involving a spouse; classification
A person who intentionally makes a false report of sexual assault involving a spouse
knowing the report is false or a person who coerces another person to make a false report
of sexual assault involving a spouse knowing the report is false is guilty of a class 1
misdemeanor. 13-2907 False reporting; emergency response costs; classification; definitions
A. A person commits false reporting by initiating or circulating a report of a
bombing, fire, offense or other emergency knowing that such report is false and
intending:
1. That it will cause action of any sort by an official or volunteer agency
organized to deal with emergencies; or
2. That it will place a person in fear of imminent serious physical injury; or
3. That it will prevent or interrupt the occupation of any building, room, place of
assembly, public place or means of transportation.
B. A person who commits a violation of this section that results in an emergency
response or investigation of false reporting and who is convicted of a violation of this
section is liable for the expenses that are incurred incident to the emergency response
or the investigation of the commission of false reporting, except that if the person is a
juvenile who is adjudicated delinquent of a violation of this section, the court may
order the juvenile to pay the expenses incurred under this subsection as restitution.
The expenses are a debt of the person. The public agency, for profit entity or
not-for-profit entity that incurred the expenses may collect the debt proportionally.
The liability that is imposed under this subsection is in addition to any other liability
that may be imposed.
C. False reporting is a class 1 misdemeanor, except that a second or subsequent
violation is a class 6 felony.
D. For the purposes of this section:
1. "Expenses" means any reasonable costs that are directly incurred by a public
agency, for profit entity or not-for-profit entity that makes an appropriate emergency
response to an incident or an investigation of the commission of false reporting.
Expenses includes the costs of providing police, fire fighting, rescue and emergency
medical services at the scene of an incident and the salaries of the persons who respond
to the incident. Expenses does not include any charges that are assessed by an ambulance
service that is regulated pursuant to title 36, chapter 21.1, article 2.
2. "Public agency" means this state, any city, county, municipal corporation or
district, any ARIZONA federally recognized native American tribe or any other public
authority that is located in whole or in part in this state and that provides police,
fire fighting, medical or other emergency services. 13-2908 Criminal nuisance; classification
A. A person commits criminal nuisance:
1. If, by conduct either unlawful in itself or unreasonable under the
circumstances, such person recklessly creates or maintains a condition which endangers
the safety or health of others.
2. By knowingly conducting or maintaining any premises, place or resort where
persons gather for purposes of engaging in unlawful conduct.
B. Criminal nuisance is a class 3 misdemeanor.
13-2909 Residential picketing; classification
A. A person commits residential picketing if, with intent to harass, annoy or alarm
another person, such person intentionally engages in picketing or otherwise demonstrates
before or about the residence or dwelling place of an individual, other than a residence
or dwelling place also used as the principal place of business of such individual.
B. Residential picketing is a class 3 misdemeanor.
13-2910.01 Dog fighting; classification
A. A person commits dog fighting by knowingly:
1. Owning, possessing, keeping or training any dog with the intent that such dog
engage in an exhibition of fighting with another dog.
2. For amusement or gain, causing any dog to fight with another dog, or causing any
dogs to injure each other.
3. Permitting any act in violation of paragraph 1 or 2 to be done on any premises
under his charge or control.
B. Dog fighting is a class 5 felony.
13-2910.02 Presence at dog fight; classification
Any person who is knowingly present at any place or building where preparations are
being made for an exhibition of the fighting of dogs, or is present at such exhibition,
is guilty of a class 6 felony.
13-2910.03 Cockfighting; classification
(Caution: 1998 Prop. 105 applies)
A. A person commits cockfighting by knowingly:
1. Owning, possessing, keeping or training any cock with the intent that such cock
engage in an exhibition of fighting with another cock.
2. For amusement or gain, causing any cock to fight with another cock or causing
any cocks to injure each other.
3. Permitting any act in violation of paragraph 1 or 2 to be done on any premises
under his charge or control.
B. Cockfighting is a class 5 felony.
C. For purposes of this section and section 13-2910.04, cock means any male
chicken, including game fowl except wildlife as defined in ARIZONA Revised Statutes
section 17-101.
13-2910.04 Presence at cockfight; classification
(Caution: 1998 Prop. 105 applies)
Any person who is knowingly present at any place or building where preparations are
being made for an exhibition of the fighting of cocks, or is present at such exhibition,
is guilty of a class 1 misdemeanor.
13-2910.05 Exempt activities
(Caution: 1998 Prop. 105 applies)
Activity involving the possession, training, exhibition or use of an animal in the
otherwise lawful pursuits of hunting, ranching, farming, rodeos, shows and security
services shall be exempt from the provisions of sections 13-2910.01, 13-2910.02,
13-2910.03 and 13-2910.04.
13-2910.06 Defense to cruelty to animals and bird fighting
(Caution: 1998 Prop. 105 applies)
It is a defense to sections 13-2910, 13-2910.01, 13-2910.02, 13-2910.03 and
13-2910.04 that the activity charged involves the possession, training, exhibition or use
of a bird or animal in the otherwise lawful sports of falconry, animal hunting, rodeos,
ranching or the training or use of hunting dogs.
13-2910 Cruelty to animals; interference with working or service animal; classification; definitions
A. A person commits cruelty to animals if the person does any of the following:
1. Intentionally, knowingly or recklessly subjects any animal under the person's
custody or control to cruel neglect or abandonment.
2. Intentionally, knowingly or recklessly fails to provide medical attention
necessary to prevent protracted suffering to any animal under the person's custody or
control.
3. Intentionally, knowingly or recklessly inflicts unnecessary physical injury to
any animal.
4. Recklessly subjects any animal to cruel mistreatment.
5. Intentionally, knowingly or recklessly kills any animal under the custody or
control of another person without either legal privilege or consent of the owner.
6. Recklessly interferes with, kills or harms a working or service animal without
either legal privilege or consent of the owner.
7. Intentionally, knowingly or recklessly leaves an animal unattended and confined
in a motor vehicle and physical injury to or death of the animal is likely to result.
8. Intentionally or knowingly subjects any animal under the person's custody or
control to cruel neglect or abandonment that results in serious physical injury to the
animal.
9. Intentionally or knowingly subjects any animal to cruel mistreatment.
10. Intentionally or knowingly interferes with, kills or harms a working or service
animal without either legal privilege or consent of the owner.
11. Intentionally or knowingly allows any dog that is under the person's custody or
control to interfere with, kill or cause physical injury to a service animal.
12. Recklessly allows any dog that is under the person's custody or control to
interfere with, kill or cause physical injury to a service animal.
13. Intentionally or knowingly obtains or exerts unauthorized control over a service
animal with the intent to deprive the service animal handler of the service animal.
B. It is a defense to subsection A of this section if:
1. Any person exposes poison to be taken by a dog that has killed or wounded
livestock or poison to be taken by predatory animals on premises owned, leased or
controlled by the person for the purpose of protecting the person or the person's
livestock or poultry, and the treated property is kept posted by the person who
authorized or performed the treatment until the poison has been removed, and the poison
is removed by the person exposing the poison after the threat to the person, or the
person's livestock or poultry has ceased to exist. The posting required shall provide
adequate warning to persons who enter the property by the point or points of normal
entry. The warning notice that is posted shall be readable at a distance of fifty feet,
shall contain a poison statement and symbol and shall state the word "danger" or
"warning".
2. Any person uses poisons in and immediately around buildings owned, leased or
controlled by the person for the purpose of controlling wild and domestic rodents as
otherwise allowed by the laws of the state, excluding any fur-bearing animals as defined
in section 17-101.
C. This section does not prohibit or restrict:
1. The taking of wildlife or other activities permitted by or pursuant to title 17.
2. Activities permitted by or pursuant to title 3.
3. Activities regulated by the ARIZONA game and fish department or the ARIZONA
department of agriculture.
D. A peace officer, animal control enforcement agent or animal control enforcement
deputy may use reasonable force to open a vehicle to rescue an animal if the animal is
left in the vehicle as prescribed in subsection A, paragraph 7 of this section.
E. A person who is convicted of a violation of subsection A, paragraph 6 or 10 of
this section is liable as follows:
1. If the working or service animal was killed or disabled, to the owner or agency
that owns the working or service animal and that employs the handler or to the owner or
handler for the replacement and training costs of the working or service animal and for
any veterinary bills.
2. To the owner or agency that owns a working or service animal for the salary of
the handler for the period of time that the handler's services are lost to the owner or
agency.
3. To the owner for the owner's contractual losses with the agency.
F. An incorporated city or town or a county may adopt an ordinance with misdemeanor
provisions at least as stringent as the misdemeanor provisions of this section.
G. A person who violates subsection A, paragraph 1, 2, 3, 4, 5, 6, 7 or 12 of this
section is guilty of a class 1 misdemeanor. A person who violates subsection A, paragraph
8, 9, 10, 11 or 13 of this section is guilty of a class 6 felony.
H. For the purposes of this section:
1. "Animal" means a mammal, bird, reptile or amphibian.
2. "Cruel mistreatment" means to torture or otherwise inflict unnecessary serious
physical injury upon an animal or to kill an animal in a manner that causes protracted
suffering to the animal.
3. "Cruel neglect" means to fail to provide an animal with necessary food, water or
shelter.
4. "Handler" means a law enforcement officer or any other person who has
successfully completed a course of training prescribed by the person's agency or the
service animal owner and who used a specially trained animal under the direction of the
person's agency or the service animal owner.
5. "Service animal" means an animal that has completed a formal training program,
that assists its owner in one or more daily living tasks that are associated with a
productive lifestyle and that is trained to not pose a danger to the health and safety of
the general public.
6. "Working animal" means a horse or dog that is used by a law enforcement agency,
that is specially trained for law enforcement work and that is under the control of a
handler. 13-2911 Interference with or disruption of an educational institution; violation; classification; definitions
A. A person commits interference with or disruption of an educational institution
by doing any of the following:
1. Intentionally, knowingly or recklessly interfering with or disrupting the normal
operations of an educational institution by either:
(a) Threatening to cause physical injury to any employee or student of an
educational institution or any person on the property of an educational institution.
(b) Threatening to cause damage to any educational institution, the property of any
educational institution or the property of any employee or student of an educational
institution.
2. Intentionally or knowingly entering or remaining on the property of any
educational institution for the purpose of interfering with the lawful use of the
property or in any manner as to deny or interfere with the lawful use of the property by
others.
3. Intentionally or knowingly refusing to obey a lawful order given pursuant to
subsection C of this section.
B. To constitute a violation of this section, the acts that are prohibited by
subsection A, paragraph 1 of this section are not required to be directed at a specific
individual, a specific educational institution or any specific property of an educational
institution.
C. The chief administrative officer of an educational institution or an officer or
employee designated by the chief administrative officer to maintain order may order a
person to leave the property of the educational institution if the officer or employee
has reasonable grounds to believe either that:
1. Any person or persons are committing any act that interferes with or disrupts
the lawful use of the property by others at the educational institution.
2. Any person has entered on the property of an educational institution for the
purpose of committing any act that interferes with or disrupts the lawful use of the
property by others at the educational institution.
D. The appropriate governing board of every educational institution shall adopt
rules pursuant to title 41, chapter 6 for the maintenance of public order on all property
of any educational institution under its jurisdiction that is used for educational
purposes and shall provide a program for the enforcement of its rules. The rules shall
govern the conduct of students, faculty and other staff and all members of the public
while on the property of the educational institution. Penalties for violations of the
rules shall be clearly set forth and enforced. Penalties shall include provisions for the
ejection of a violator from the property and, in the case of a student, faculty member or
other staff violator, the violator's suspension or expulsion or any other appropriate
disciplinary action. A governing board shall amend its rules as necessary to ensure the
maintenance of public order. Any deadly weapon, dangerous instrument or explosive that is
used, displayed or possessed by a person in violation of a rule adopted pursuant to this
subsection shall be forfeited and sold, destroyed or otherwise disposed of pursuant to
chapter 39 of this title. This subsection does not do either of the following:
1. Preclude school districts from conducting approved gun safety programs on school
campuses.
2. Apply to private universities, colleges, high schools or common schools or other
private educational institutions.
E. An educational institution is not eligible to receive any state aid or
assistance unless rules are adopted in accordance with this section.
F. This section does not prevent or limit the authority of the governing board of
any educational institution to discharge any employee or expel, suspend or otherwise
punish any student for any violation of its rules, even though the violation is unlawful
under this chapter or is otherwise an offense.
G. This section may be enforced by any peace officer in this state wherever and
whenever a violation occurs.
H. Restitution under sections 8-341, 8-345 and 13-603 applies to any financial loss
that is suffered by a person or educational institution as a result of a violation of
this section.
I. Interference with or disruption of an educational institution pursuant to
subsection A, paragraph 1 of this section is a class 6 felony. Interference with or
disruption of an educational institution pursuant to subsection A, paragraph 2 or 3 of
this section is a class 1 misdemeanor.
J. For the purposes of this section:
1. "Educational institution" means, except as otherwise provided, any university,
college, community college, high school or common school in this state.
2. "Governing board" means the body, whether appointed or elected, that has
responsibility for the maintenance and government of an educational institution.
3. "Interference with or disruption of" includes any act that might reasonably lead
to the evacuation or closure of any property of the educational institution or the
postponement, cancellation or suspension of any class or other school activity. For the
purposes of this paragraph, an actual evacuation, closure, postponement, cancellation or
suspension is not required for the act to be considered an interference or disruption.
4. "Property of an educational institution" means all land, buildings and other
facilities that are owned, operated or controlled by the governing board of an
educational institution and that are devoted to educational purposes.
13-2912 Unlawful introduction of disease or parasite; classification
A. It is unlawful for a person to knowingly introduce into this state a disease or
parasite of animals or poultry that constitutes a threat to:
1. Livestock or poultry industry in this state.
2. Human health.
3. Human life.
B. This section does not apply to research conducted by government or educational
institutions.
C. A violation of subsection A:
1. Paragraph 1 is a class 5 felony.
2. Paragraph 2 is a class 4 felony.
3. Paragraph 3 is a class 2 felony. 13-2913 Unlawful violation of fire ban; classification
A. It is unlawful for a person to enter or remain in any public building or on any
public property in violation of any order or rule that is issued by any officer or agency
having the power of control, management or supervision of the building or property and
that relates to the control and limitation of fires, including any prohibition,
restriction or ban on fires, any provision to avert the start of or lessen the likelihood
of wildfire and the designation of any place where fires are permitted, restricted,
prohibited or banned.
B. A person who violates this section is guilty of a class 2 misdemeanor. 13-2915 Preventing use of telephone in emergency; false representation of emergency; classification
A. In this section, unless the context otherwise requires:
1. "Emergency" means a situation in which property or human life are in jeopardy
and the prompt summoning of aid is essential.
2. "Party line" means a subscriber's line telephone circuit, consisting of two or
more main telephone stations connected therewith, each station with a distinctive ring or
telephone number.
B. Any person who knowingly refuses to yield or surrender the use of a party line
to another person to report a fire or summon police, medical or other aid in case of
emergency, is guilty of a class 2 misdemeanor.
C. Any person who asks for or requests the use of a party line on the pretext that
an emergency exists, knowing that no emergency in fact exists, is guilty of a class 2
misdemeanor.
D. Every telephone directory compiled and distributed to subscribers shall contain
a notice explaining this section, such notice to be printed in type which is no smaller
than any other type on the same page, other than headings, and to be preceded by the word
"warning". The provisions of this subsection shall not apply to directories distributed
solely for business advertising purposes, commonly known as classified directories.
13-2916 Use of telephone to terrify, intimidate, threaten, harass, annoy or offend; classification
A. It is unlawful for any person, with intent to terrify, intimidate, threaten,
harass, annoy or offend, to use a telephone and use any obscene, lewd or profane language
or suggest any lewd or lascivious act, or threaten to inflict physical harm to the person
or property of any person. It is also unlawful to otherwise disturb by repeated
anonymous telephone calls the peace, quiet or right of privacy of any person at the place
where the telephone call or calls were received.
B. Any offense committed by use of a telephone as set forth in this section is
deemed to have been committed at either the place where the telephone call or calls
originated or at the place where the telephone call or calls were received.
C. Any person who violates this section is guilty of a class 1 misdemeanor.
13-2917 Public nuisance; abatement; classification
A. It is a public nuisance, and is no less a nuisance because the extent of the
annoyance or damage inflicted is unequal, for anything:
1. To be injurious to health, indecent, offensive to the senses or an obstruction
to the free use of property that interferes with the comfortable enjoyment of life or
property by an entire community or neighborhood or by a considerable number of persons.
2. To unlawfully obstruct the free passage or use, in the customary manner, of any
navigable lake, river, bay, stream, canal or basin, or any public park, square, street or
highway.
B. It is a public nuisance for any person to sell, offer to sell, transfer, trade
or disseminate any item which is obscene as defined in section 13-3501, within two
thousand feet, measured in a straight line, of the nearest boundary line of any of the
following:
1. Any building used as a private or public elementary or high school.
2. Any public park.
3. Any residence district as defined in section 28-101.
C. The county attorney, the attorney general or the city attorney may bring an
action in superior court to abate, enjoin and prevent the activity described in
subsections A and B of this section.
D. Any person who knowingly maintains or commits a public nuisance or who knowingly
fails or refuses to perform any legal duty relating to the removal of a public nuisance
is guilty of a class 2 misdemeanor.
13-2918 Interference with emergency transmission on citizens' band radio frequency; presumption; definition; classification
A. It is unlawful for a person to recklessly interrupt, impede or otherwise
interfere with the transmission of an emergency communication over a citizens' band
radio frequency.
B. A person is presumed to have acted recklessly if he interrupts, impedes or
interferes with the transmission of a communication on a channel dedicated to use for
emergency communications.
C. As used in this section "emergency" means a situation in which a person is or is
reasonably believed by the person transmitting the communication to be in imminent danger
of serious physical injury or in which property is or is reasonably believed by the
person transmitting the communication to be in imminent danger of damage or destruction.
D. A person who violates this section is guilty of a class 1 misdemeanor.
13-2919 Automated telephone solicitation; violation; classification
A. A person shall not use an automated system for the selection and dialing of
telephone numbers and the playing of a recorded message for the purpose of soliciting
persons to purchase goods or services or requesting survey information if the results are
to be used directly for the purpose of soliciting persons to purchase goods or services.
B. A person who violates this section is guilty of a class 2 misdemeanor.
13-2920 Advertisements and required preamble message for telephone information services; telecommunications corporation compensation; definitions; classification
A. An information access telephone service provider shall not provide or sponsor an
advertisement, publication or other communication regarding information access telephone
service that does not clearly and conspicuously display the price for each call or for
each minute of the call or provide or sponsor a television or radio advertisement that
does not include a clearly audible voice announcement of the price for each call or for
each minute of the call.
B. Information access telephone service providers shall begin each information
access telephone service call with a clear statement, without charge, of whether the call
is billed on a per minute or a per call basis and the price for the call or for each
minute of the call.
C. Information access telephone service providers shall compensate any
telecommunications corporation transporting the provider's service for all charges
associated with blocking information access telephone services, and shall make
arrangements with the telecommunications corporation for a one time adjustment per
residential customer account for an information access telephone service charge if the
adjustments involve calls made by minors without authorization or involve claims of
fraud, theft or misrepresentation. An adjustment pursuant to this subsection, except for
billing and transport charges, shall be charged to the information access telephone
service provider who shall not attempt private collection of any adjustments to
customers' accounts made by a telecommunications corporation.
D. An information access telephone service provider shall not provide an
information access telephone service which describes or depicts, directly or indirectly,
sexual conduct or activity or which contains sexually suggestive content unless access to
such service is restricted to persons eighteen years of age or older and requires that
the service is provided by subscription through the information access telephone service
provider.
E. An information access telephone service provider shall not provide recorded
announcements or live programs which forward or refer callers to telephone numbers which
are not 976 service or 676 service for the purpose of the type of services provided by
976 service or 676 service.
F. In this section:
1. "Information access telephone service" means telephone service and facilities
which provide access to a provider-sponsored prerecorded or live announcement or program
and which is commonly referred to as "976 service" or "676 service".
2. "Provider" means a person, partnership, corporation or organization that
contracts with a telecommunications corporation to transport telephone calls, bill
customers or collect charges for a prerecorded or live announcement or program.
3. "Adjustment" means a waiver of all unpaid charges incurred by the residential
customer for information access telephone services up to the time the customer contacts
the telecommunications corporation and requests the adjustment.
G. A person who violates this section is guilty of a class 3 misdemeanor.
13-2921.01 Aggravated harassment;classification; definition
A. A person commits aggravated harassment if the person commits harassment as
provided in section 13-2921 and any of the following applies:
1. A court has issued an order of protection or an injunction against harassment
against the person and in favor of the victim of harassment and the order or injunction
has been served and is still valid.
2. The person has previously been convicted of an offense included in section
13-3601.
B. The victim of any previous offense shall be the same as in the present offense.
C. A person who violates subsection A, paragraph 1 of this section is guilty of a
class 6 felony. A person who commits a second or subsequent violation of subsection A,
paragraph 1 of this section is guilty of a class 5 felony. A person who violates
subsection A, paragraph 2 of this section is guilty of a class 5 felony.
D. For the purposes of this section, "convicted" means a person who was convicted
of an offense included in section 13-3601 or who was adjudicated delinquent for conduct
that would constitute a historical prior felony conviction if the juvenile had been tried
as an adult for an offense included in section 13-3601.
13-2921 Harassment; classification; definition
A. A person commits harassment if, with intent to harass or with knowledge that the
person is harassing another person, the person:
1. Anonymously or otherwise communicates or causes a communication with another
person by verbal, electronic, mechanical, telegraphic, telephonic or written means in a
manner that harasses.
2. Continues to follow another person in or about a public place for no legitimate
purpose after being asked to desist.
3. Repeatedly commits an act or acts that harass another person.
4. Surveils or causes another person to surveil a person for no legitimate purpose.
5. On more than one occasion makes a false report to a law enforcement, credit or
social service agency.
6. Interferes with the delivery of any public or regulated utility to a person.
B. A person commits harassment against a public officer or employee if the person,
with intent to harass, files a nonconsensual lien against any public officer or employee
that is not accompanied by an order or a judgment from a court of competent jurisdiction
authorizing the filing of the lien or is not issued by a governmental entity or political
subdivision or agency pursuant to its statutory authority, a validly licensed utility or
water delivery company, a mechanics' lien claimant or an entity created under covenants,
conditions, restrictions or declarations affecting real property.
C. Harassment under subsection A is a class 1 misdemeanor. Harassment under
subsection B is a class 5 felony.
D. This section does not apply to an otherwise lawful demonstration, assembly or
picketing.
E. For purposes of this section, "harassment" means conduct directed at a specific
person which would cause a reasonable person to be seriously alarmed, annoyed or harassed
and the conduct in fact seriously alarms, annoys or harasses the person.
13-2922 Interference with transmissions on public safety land mobile radio frequencies; classification; definitions
A. It is unlawful for a person to recklessly interrupt, impede or otherwise
directly interfere with emergency communications over a public safety land mobile radio
frequency communications network or system created for emergency communications.
B. It is unlawful for a person to recklessly interrupt, impede or otherwise
interfere with the transmission of a nonemergency communication over a public safety land
mobile radio frequency that is dedicated to the dispatch of police, fire or emergency
medical response personnel to the scene of an emergency or dedicated to use for emergency
communications.
C. A person who violates subsection A is guilty of a class 6 felony. A person who
violates subsection B is guilty of a class 1 misdemeanor.
D. As used in this section:
1. "Emergency" means a situation in which a person is or is reasonably believed by
the person transmitting the communication to be in imminent danger of serious physical
injury or in which property is or is reasonably believed by the person transmitting the
communication to be in imminent danger of damage or destruction.
2. "Public safety land mobile radio frequency" means a frequency prescribed in 47
Code of Federal Regulations part 90, subpart B and part 97, subpart A.
3. "Public safety land mobile radio frequency communications network or system"
means those radio services and emergency communications systems that are prescribed in 47
Code of Federal Regulations part 90, subpart B and part 97, subpart A.
13-2923 Stalking; classification; definitions
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 either:
1. Would cause a reasonable person to fear for the person's safety or the safety of
that person's immediate family member and that person in fact fears for their safety or
the safety of that person's immediate family member.
2. Would cause a reasonable person to fear death of that person or that person's
immediate family member and that person in fact fears death of that person or that
person's immediate family member.
B. Stalking under subsection A, paragraph 1 of this section is a class 5
felony. Stalking under subsection A, paragraph 2 is a class 3 felony.
C. For the purposes of this section:
1. "Course of conduct" means maintaining visual or physical proximity to a specific
person or directing 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, but does
not include constitutionally protected activity.
2. "Immediate family member" means a spouse, parent, child or sibling or any other
person who regularly resides in a person's household or resided in a person's household
within the past six months.
13-2924 Unlawful solicitation of tort victims; classification; definitions
A. Except as otherwise provided by law, a person commits unlawful solicitation of a
tort victim if the person knowingly does any of the following at the scene of any
accident that may result in a civil action, criminal action or claim for tort damages by
or against another person:
1. Solicits a tort victim if the person receives or expects to receive compensation
as a result of the solicitation.
2. Offers or provides compensation to another person for the solicitation of a tort
victim.
3. Requests or accepts compensation for the solicitation of a tort victim.
B. This section does not prohibit or restrict any of the following:
1. The solicitation of motor vehicle repair or storage services by a towing
company.
2. Police, fire or emergency medical personnel who are engaged in activity which is
within the normal scope of duty for their respective occupation or profession.
3. The tort victim from communicating with the tort victim's insurer regarding the
investigation of a claim or settlement of any property damage claim.
C. The tort victim may void any contract, agreement or obligation that is made,
obtained, procured or incurred in violation of this section.
D. A person who violates this section is guilty of a class 1 misdemeanor.
E. For the purposes of this section:
1. "Compensation" means the direct or indirect promise or payment of any fee,
salary, wage, commission, bonus, rebate, refund, dividend or discount.
2. "Solicit" or "solicitation" means directly or indirectly either:
(a) Touting, promoting, recommending, suggesting or offering services or goods to a
tort victim.
(b) Selecting, obtaining or procuring services or goods for a tort victim.
3. "Tort victim" means any of the following:
(a) A person whose property has been damaged as a result of any accident that may
result in a civil action, criminal action or claim for tort damages by or against another
person.
(b) A person who has been injured or killed as a result of any accident that may
result in a civil action, criminal action or claim for tort damages by or against another
person.
(c) A parent, guardian, spouse, sibling or child of a person who has died as a
result of any accident that may result in a civil action, criminal action or claim for
tort damages by or against another person.
13-2925 Hoax; restitution; joint and several liability; classification; definition
A. It is unlawful for a person to intentionally or knowingly engage in any conduct
that both:
1. Is likely to impart the false impression that an act of terrorism as defined in
section 13-2301 is taking place or will take place.
2. Would reasonably be expected to cause or that causes an emergency response by a
governmental agency.
B. A person who is convicted of a violation of this section may be liable for any
expenses that are incurred incident to the emergency response and the investigation of
the commission of the offense. The expense is a debt of the person. The public agency,
for profit entity or not-for-profit entity that incurred the expenses may collect the
debt proportionally. The liability that is imposed under this subsection is in addition
to any other liability that may be imposed.
C. If more than one person is liable for any expenses that are incurred under this
section, a person who is convicted of a violation of this section is jointly and
severally liable for these expenses.
D. A violation of this section is a class 4 felony.
E. For the purposes of this section, "expenses" means any reasonable costs that are
directly incurred by a public agency, for profit entity or not-for-profit entity that
makes an appropriate emergency response to an incident or an investigation of the
commission of the offense. Expenses includes the costs of providing police, fire
fighting, rescue and emergency medical services at the scene of an incident and the
salaries of the persons who respond to the incident. Expenses does not include any
charges that are assessed by an ambulance service that is regulated pursuant to title 36,
chapter 21.1, article 2. 13-2926 Abandonment or concealment of a dead body; classification
A. It is unlawful for a person to knowingly move a dead human body or parts of a
human body with the intent to abandon or conceal the dead human body or parts.
B. This section does not apply to the disposition, transportation or other handling
of dead human remains for any purpose authorized under title 32, chapter 12, title 32,
chapter 20, article 6 and title 36, chapters 3 and 7.
C. A person who violates this section is guilty of a class 5 felony.
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