What is Use of an electronic communication to terrify, intimidate, threaten or harass; unlawful use of electronic communication device A.R.S. 13-2916.

A. It is unlawful for a person to knowingly terrify, intimidate, threaten or harass a specific person or persons by doing any of the following:

1. Directing any obscene, lewd or profane language or suggesting any lewd or lascivious act to the person in an electronic communication.

2. Threatening to inflict physical harm on any person or to property in any electronic communication.

3. Otherwise disturbing by repeated anonymous, unwanted or unsolicited electronic communications the peace, quiet or right of privacy of the person at the place where the communications were received.

4. Without the person's consent and for the purpose of imminently causing the person unwanted physical contact, injury or harassment by a third party, use an electronic communication device to electronically distribute, publish, email, hyperlink or make available for downloading the person's personal identifying information, including a digital image of the person, and the use does in fact incite or produce that unwanted physical contact, injury or harassment.  This paragraph also applies to a person who intends to terrify, intimidate, threaten or harass an immediate family member of the person whose personal identifying information is used.

B. Any offense committed by use of an electronic communication in violation of this section is deemed to have been committed at either the place where the communications originated or at the place where the communications were received.

C. This section does not apply to:

1. Constitutionally protected speech or activity or to any other activity authorized by law.

2. 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.

What are the Defenses to Use of an electronic communication to terrify, intimidate, threaten or harass; unlawful use of electronic communication device?

Defenses to charges under this statute may include:

1. First Amendment Protections:

   • Arguing that the communication in question is protected speech under the First Amendment of the U.S. Constitution. However, it's important to note that there are limitations to free speech, especially when it comes to threats, harassment, or intimidation.

2. Lack of Intent:

   • Demonstrating that the defendant did not have the intent to terrify, intimidate, threaten, or harass the recipient of the communication. If the communication was meant as a joke or was misconstrued by the recipient, it may support this defense.

3. Misidentification:

   • Claiming mistaken identity if the communication was sent by someone else using the defendant's electronic device or accounts. This defense would require evidence to support the claim that the defendant was not responsible for the communication.

4. No Credible Threat:

   • Asserting that the communication, while possibly unpleasant or offensive, did not constitute a credible threat or harassment. This defense would depend on the specific language and context of the communication.

5. Consent:

   • Arguing that the recipient of the communication consented to or invited the interaction, thereby negating any claim of unlawful use. However, consent may not be a valid defense if the communication goes beyond what was agreed upon or becomes harassing in nature.

6. Mental Incapacity:

   • Claiming that the defendant was mentally incapacitated or impaired at the time of the communication, which affected their ability to form the requisite intent or understand the consequences of their actions.

7. False Accusation:

   • Asserting that the allegations of unlawful use of an electronic communication device are false and motivated by ulterior motives such as revenge or spite. This defense would require evidence to support the claim of falsity.

What are the Penalties for Use of an Electronic Communication to Terrify, Intimidate, Threaten or Harass unlawful use of electronic communication device

D. A person who violates this section is guilty of a class 1 misdemeanor.

E. For the purposes of this section:

     1. "Electronic communication" means a social media post, a wire line, cable, wireless or cellular telephone call, a text message, an instant message or electronic mail.

     2. "Electronic communication device" includes a telephone, mobile telephone, computer, internet website, internet telephone, hybrid cellular, internet or wireless device, personal digital assistant, video recorder, fax machine or pager.

     3. "Harassment" means a knowing and wilful course of conduct that is directed at a specific person, that a reasonable person would consider as seriously alarming, seriously disruptive, seriously tormenting or seriously terrorizing the person and that serves no legitimate purpose.

          "Seriously" is not defined and may be left to interpretation by the State.

     4. "Personal identifying information" means:

          (a) Means information that would allow the identified person to be located, contacted or harassed.

          (b) Includes the person's home address, work address, phone number, email address or other contact    information that would allow the identified person to be located, contacted or harassed.

     5. "Social media post" means a social media communication that is knowingly intended to communicate to a specific person or persons.