In Arizona, “Harassment Charges” come with a broad, comprehensive definition. At their core, applicable situations include anything somebody does to “seriously alarm, annoy, or harass” another person. These acts of harassment can be communicated a number of ways including in person, over the phone, or by another electronic means.

If you’re filing a claim of harassment against another party, this broad definition will be to your advantage. Under this wide range of terms and situations, almost any repeated offense can be easily filed as harassment. However, if you’ve received a charge against you, or are just trying to come to terms with the phrase itself, this nebulous wording can be pretty confusing.

The primary requirement in a harassment charge is that the behavior has been performed multiple times. There are exceptions to this, in the case of someone harassing a political official or making a false claim on the victim’s behalf to law enforcement, social services, or a credit agency. To fully understand the term it can be helpful to work through a few examples below.

Stalking

One of the specific definitions of harassment is if someone “continues to follow another person in or about a public place for no legitimate purpose after being asked to desist.” Worse yet, harassment can also include someone who “Surveils or causes another person to surveil a person for no legitimate purpose.”

If you know that someone has been stalking you or your family, the first step is to file an Order of Protection. This and the harassment charge you file against them will immediately show up on their background check and can protect you from future contact. Moreover, stalking often leads to a felony charge in addition to the traditional harassment misdemeanor, so it’s important to speak out if you feel someone is acting irrationally.

Custody Battles

In Arizona, the mass of reported harassment charges are tied to custody battles. More often than not, because of the couple’s previous relationship, the situation quickly advances from emotionally charged to criminal. Another definition of harassment is if someone “Repeatedly commits an act or acts that harass another person” as well as if someone “anonymously or otherwise contacts, communicates or causes a communication with another person by verbal, electronic, mechanical, telegraphic, telephonic or written means in a manner that harasses.”

These definitions can give way to larger emotional battles, and often be used to undermine one spouse’s attempt at custody. The laws exist to protect victims, but all too often they are used to take advantage of someone with a criminal history. This history can advance your charges, so it’s important to know the terms though and through.

Charges

If this is their first harassment charge the defendant will likely face a Class 1 misdemeanor, fines up to $2,500 (with an 84% surcharge), and up to a year in jail. They could also face up to 3 years of probation, which will include multiple classes and counseling sessions.

If this is not the dependent’s first charge of harassment they will face heftier punishments. In some situations, the charge may move to Aggravated Harassment, or be advanced if the defendant has any previous felonies to report. If the defendant has one previous felony, their required jail time will immediately range from 1 year to 3.75 years. If they have two previous felonies, this range jumps from 3 years to 7.5 years of incarceration.

Law Enforcement & Politicians

The law gets way more complicated when it comes to harassing someone in law enforcement or public office. Most of these situations involve an aggravated party trying to get revenge on public employees, and for that they’ll face much higher charges.

If we once again return to AZ Law 13-2921 we’ll find, “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.”

Now there are exceptions to this. If the lien was issued by a licensed utility or water delivery company or accompanied by a court order or judgment it can legally exist. However, most of the time when someone files a nonconsensual lien against someone employed by the state they’re just trying to get back at them. As a result, sentences are often much more serious.

In this situation, the harassment charge can move from a class 1 misdemeanor to a class 5 or 6 felony. If you’re charged with a first offense class 5 felony you could be facing probation with jail time, or simply 6 months to 2 and a half years in jail. As with other situations, if you were previously charged with a felony your sentence will be much higher.

Aggravated Harassment

In some cases, reporting the first acts of harassment is not enough. If someone is sentenced with a misdemeanor and continues to threaten you or your family, they may be facing an aggravated harassment charge.

The most common example of this occurs when the victim has already taken out an order of protection against their harasser. If the offending party continues to reach out via text, call or email —or harasses the victim in person— they are operating illegally. From here they will automatically face a class 6 felony. For first-time offenders this usually means up to a year and a half in jail time, but for an aggravated harassment charge offenders are looking at up to 2 years in jail. If they continue to harass their victim their maximum sentence will increase, with third-time offenders facing almost five years in jail.

In addition, if the offender has previously received a domestic violence conviction, they will automatically be facing an aggravated harassment charge. In these situations, offenders are looking at a class 5 felony, which comes with a maximum 2 and a half years of jail time for aggravated harassment. Repeat offenders can receive sentences of up to 7 and a half years.

With jail time on the line, harassment is nothing to mess around with. These laws exist to protect the people facing harassment, but if you or anyone you know is harassing someone else it’s important to learn the laws before you have to face the consequences. In some situations it can be easy to fight a harassment charge made against you, but not without legal aid. Conversely, if you believe you are being seriously threatened by another party, it’s important to find someone who can represent you clearly, and protect you and your family from further danger.