Threatening or Intimidating Laws and Penalties: ARS 13-1202

How Does Arizona Law Define Threatening and Intimidation Under ARS 13-1202

 A person is considered to be committing this crime if they threaten or intimidate another individual by word or conduct under the following circumstances:

1. To Cause Physical Injury or Property Damage:

    

   • The individual makes a threat to cause physical harm to another person.
   • The threat involves serious damage to another person’s property.
2. To Cause Serious Public Inconvenience:
   • The threat is made with the intention of causing, or with reckless disregard to causing, a serious public inconvenience.
   • Examples of such public inconvenience include the evacuation of buildings, places of assembly, or transportation facilities.
3. Gang-Related Threats:
   • The threat aims to cause physical injury or property damage to promote, further, or assist in the interests of a criminal street gang, criminal syndicate, or racketeering enterprise.
   • The threat may also aim to cause, induce, or solicit another person to participate in such criminal activities.

What is the Difference Between Intimidating and Threatening?

Although these terms are often used interchangeably, they have specific legal definitions and implications in Arizona law.

▶ Threatening

Threatening involves expressing an intention to cause harm or damage to someone or their property. This can be done through words, actions, or any form of communication that conveys a clear and imminent risk of harm. For example, if someone says, “I will break your legs if you don’t pay me back,” this is a direct threat of physical injury. The key element of threatening behavior is the explicit or implicit promise of harm, which must be perceived as real and immediate by the victim.

▶ Intimidating

Intimidating, on the other hand, focuses on creating a state of fear or submission in the victim. This can be achieved through various means, including verbal abuse, gestures, or displaying a weapon. For instance, if someone stands in front of another person and aggressively says, “You better watch your back,” while brandishing a knife, this is intimidation. The purpose of intimidation is to control or influence the victim’s actions through fear, rather than making a direct threat of harm.

Threatening and Intimidation Charges and Penalties 

Under ARS 13-1202, the charges and penalties for threatening or intimidating vary based on the nature of the threat and the circumstances surrounding the offense. The statute categorizes the severity of the crime into different classes, with corresponding penalties.

Class 1 Misdemeanor

Threatening or intimidating as defined in ARS 13-1202(A)(1) and ARS 13-1202(A)(2) generally constitutes a Class 1 misdemeanor. This includes:

• Threats to cause physical injury to another person.
• Threats to cause serious damage to another person’s property.
• Threats made with the intention of causing serious public inconvenience, such as evacuating a building or transportation facility.

Penalties for a Class 1 Misdemeanor:

• Up to six months in jail.
• Fines up to $2,500.
• Possible probation and community service.

Class 6 Felony

The offense elevates to a Class 6 felony under certain aggravating circumstances, specifically if:

1. The threat is made in retaliation for the victim reporting criminal activity or being involved in an organization, other than a law enforcement agency, that reports or prevents criminal activity.
2. The person making the threat is a member of a criminal street gang.

Penalties for a Class 6 Felony:

• Prison sentence ranging from four months to two years.
• Higher fines and longer probation periods compared to misdemeanors.
• A felony conviction can have long-term impacts on employment, housing, and other civil rights.

Class 3 Felony

Threatening or intimidating as outlined in ARS 13-1202(A)(3), which involves promoting, furthering, or assisting in the interests of a criminal street gang, a criminal syndicate, or a racketeering enterprise, constitutes a Class 3 felony.

Penalties for a Class 3 Felony:

• Prison sentence ranging from two to seven years.
• Significant fines and mandatory probation.
• Enhanced penalties for repeat offenders or if the threat involved substantial gang-related activities.

Additional Considerations

• Restitution: In addition to the above penalties, courts may order restitution to the victims for any damages or losses incurred due to the threatening or intimidating behavior.
• Aggravating Factors: Other factors, such as the use of a weapon or prior criminal history, can further influence the severity of the charges and penalties.

Are There Related Offenses? 

When facing charges of threatening or intimidating under ARS 13-1202, it’s important to be aware of other related offenses that might also be relevant. 

① Assault (ARS 13-1203)

Assault charges often accompany threatening or intimidating accusations. Under ARS 13-1203, a person commits assault if they:

• Intentionally, knowingly, or recklessly cause physical injury to another person.
• Intentionally place another person in reasonable apprehension of imminent physical injury.
• Knowingly touch another person with the intent to injure, insult, or provoke.

Assault can be charged as a misdemeanor or felony, depending on the severity of the injury and other circumstances.

② Harassment (ARS 13-2921)

Persistent or repetitive threats can lead to harassment charges under ARS 13-2921. A person commits harassment if they, with intent to harass or with knowledge that the conduct will harass, engage in actions such as:

• Making repeated, unwanted communications to another person.
• Following another person in a public place.
• Causing a person to be under surveillance by remaining near their residence or workplace.

Harassment is typically classified as a misdemeanor but can escalate to a felony if aggravated circumstances exist.

③ Stalking (ARS 13-2923)

Stalking is a more severe form of harassment and involves repeated behavior that causes the victim to fear for their safety or the safety of others. Under ARS 13-2923, a person commits stalking if they:

• Engage in a course of conduct that would cause a reasonable person to fear for their safety or the safety of their immediate family.
• Knowingly engage in conduct directed at a specific person that causes them to suffer substantial emotional distress.

Stalking charges can range from Class 5 to Class 3 felonies, depending on the nature and severity of the conduct.

④ Disorderly Conduct (ARS 13-2904)

Disorderly conduct, also known as disturbing the peace, can be related to threatening or intimidating behavior. Under ARS 13-2904, a person commits disorderly conduct if they:

• Engage in fighting, violent, or seriously disruptive behavior.
• Make unreasonable noise.
• Use abusive or offensive language or gestures to provoke a physical response.

Disorderly conduct is generally a misdemeanor but can be elevated to a felony if involving a weapon.

⑤ Criminal Damage (ARS 13-1602)

Threats that result in actual damage to property can lead to criminal damage charges under ARS 13-1602. This includes actions such as:

• Recklessly defacing or damaging property of another person.
• Tampering with property to impair its function or value.
• Drawing or inscribing graffiti on public or private property.

Criminal damage can be charged as a misdemeanor or felony, depending on the extent of the damage and the value of the property affected.

For example, a single act of threatening behavior might result in additional charges such as assault, harassment, and disorderly conduct. Each charge carries its own penalties, and being convicted of multiple offenses can lead to longer sentences and higher fines. 

What Defense Strategies Can Be Used?

Facing charges of threatening or intimidating under ARS 13-1202 can be daunting, but there are several defense strategies that can be employed to challenge the accusations. The effectiveness of these defenses depends on the specific circumstances of the case, the evidence presented, and the skill of your legal counsel.

⑴ Lack of Intent

One of the primary defenses against charges of threatening or intimidating is demonstrating a lack of intent. The prosecution must prove that the defendant had the intent to instill fear or coerce the victim.

If the defendant’s actions or words were misunderstood or taken out of context, and there was no real intention to cause fear or harm, this can be a strong defense. For example, if a person made a sarcastic comment that was misinterpreted as a threat, proving the lack of intent can help in dismissing the charges.

⑵ No Credible Threat

Another defense strategy is to show that the alleged threat was not credible or did not pose a real and immediate danger. The law requires that the threat must be perceived as genuine and imminent by a reasonable person.

If the defense can demonstrate that the words or actions were too vague, exaggerated, or improbable to be taken seriously, it can weaken the prosecution’s case. For instance, making an outrageous claim like “I’ll make sure aliens abduct you” would not be considered a credible threat.

⑶ Freedom of Speech

In some cases, the defense might argue that the defendant’s statements are protected under the First Amendment right to free speech. While this defense has limitations, particularly if the speech incites violence or constitutes a “true threat,” it can be relevant in cases where the statements are part of heated debates, artistic expressions, or political discourse. For example, controversial or offensive remarks made during a protest might be defended as free speech.

⑷ Self-Defense or Defense of Others

If the defendant’s actions were in response to an immediate threat to their own safety or the safety of others, this can be used as a defense. Demonstrating that the defendant acted out of a reasonable belief that they or someone else was in imminent danger can justify the threatening behavior. For instance, if someone threatened to harm an aggressor to prevent an attack, this could be considered self-defense.

⑸ Insufficient Evidence

This involves scrutinizing the evidence, such as witness testimonies, recordings, or written statements, to identify inconsistencies, biases, or lack of corroboration. If the prosecution cannot meet the burden of proof beyond a reasonable doubt, the charges may be reduced or dismissed.

⑹ Alibi

Presenting an alibi can be a powerful defense if the defendant can prove they were not present at the scene when the alleged threat or intimidation occurred. Providing evidence such as witness testimonies, surveillance footage, or timestamps from digital devices can establish that the defendant could not have committed the offense.