Understanding ARS Stalking: ARS 13-2923

A: Under ARS 13-2923, stalking occurs if you intentionally or knowingly engage in a course of conduct directed toward another person. This course of conduct or pattern of behavior must cause the victim to suffer emotional distress or develop a reasonable fear for their safety. The victim's fear can extend to their own safety, the safety of their property, their family members, or even their pets. The key element is that the conduct must be intentional and create reasonable fear or distress in the victim. 

A: Generally, no. A single incident typically isn't sufficient for a stalking charge under ARS stalking laws. The statute requires a "course of conduct," which means a pattern of behavior happening over time. This pattern must involve repeated actions directed toward the victim. 

A: A "course of conduct" under Arizona stalking laws means a pattern of behavior involving multiple acts over time. This can include repeatedly maintaining visual or physical proximity to a person (like following them or repeatedly appearing where they are), making threats on multiple occasions, using electronic devices to surveil or monitor someone without permission, or communicating with someone repeatedly without their authorization. The law requires stalking acts occur on multiple occasions and form an ongoing pattern rather than a single isolated incident. 

A: “Reasonable fear” is judged by the totality of the circumstances, meaning courts look at all surrounding facts rather than any single detail. Factors that courts consider include the nature and severity of the actions and the history and relationship between you and the alleged victim. Courts also look at how the victim perceived the threat, the context in which the conduct occurred, and whether a reasonable person in the victim's position would have felt afraid given these circumstances. It's not just about whether the victim felt afraid—the fear must be reasonable under the circumstances.

A: Possibly. Under Arizona’s stalking laws, what matters is not whether you intended to be threatening but whether your repeated attempts to communicate were unwanted and caused the other person to experience emotional distress or reasonable fear. If the person made it clear they did not want contact and you continued reaching out, those repeated actions can form a course of conduct that supports a stalking charge.

A: Harassment and stalking are related but distinct. Harassment (ARS 13-2921) focuses on repeated conduct that causes distress, while stalking (ARS 13‑2923) adds more serious elements: threats, intimidation, or behavior that places the victim in fear of physical harm or destruction of property. For example, repeated unwanted texts may be harassment, but if those texts include threats or tracking someone’s movements, the conduct could rise to stalking. This distinction matters because stalking carries more severe legal consequences.

A: In Arizona, prosecutors have 7 years to initiate criminal charges for stalking. This means that if more than 7 years have passed since the alleged offense, the State is typically prohibited from bringing charges.

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