ARRESTED? CALL or TEXT Attorney David Kephart
on his cell phone at 480-456-0025
THREATENING OR INTIMIDATING Arizona Revised Statute §13-1202
- A person commits threatening or intimidating if the person threatens or intimidates by word or conduct:
- To cause physical injury to another person or serious damage to the property of another; or
- To cause, or in reckless disregard to causing, serious public inconvenience including, but not limited to, evacuation of a building, place of assembly or transportation facility; or
- To cause physical injury to another person or damage to the property of another in order to promote, further or assist in the interests of or to cause, induce or solicit another person to participate in a criminal street gang, a criminal syndicate or a racketeering enterprise.
- Threatening or intimidating pursuant to subsection A, paragraph 1 or 2 is a class 1 misdemeanor, except that it is a class 6 felony if:
- The offense is committed in retaliation for a victim’s either reporting criminal activity or being involved in an organization, other than a law enforcement agency, that is established for the purpose of reporting or preventing criminal activity.
- The person is a criminal street gang member.
- Threatening or intimidating pursuant to subsection A, paragraph 3 is a class 3 felony.
WHAT IS A PHYSICAL INJURY?
“Physical injury” means the impairment of physical condition.
WHAT IS A CRIMINAL STREET GANG?
“Criminal street gang member” means an individual to whom at least two of the following seven criteria that indicate criminal street gang membership apply:
(b) Witness testimony or official statement.
(c) Written or electronic correspondence.
(d) Paraphernalia or photographs.
(f) Clothing or colors.
(g) Any other indicia of street gang membership.