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Using Electronic Communication to Threaten, Harass, Intimidate, or Terrify

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You can be charged with a class one misdemeanor for using your phone, or computer, to terrify, threaten, intimidate, or harass someone. Often these types of allegation arise in Orders of protection pursuant to A.R.S. 13-3602. We highly recommend you hire a criminal defense lawyer to contest the order of protection as it may be the only time you get to question and confront an alleged victim short of trial as they have the right to deny a defense interview. If often sets you up with some very telling information that could help you obtain a dismissal, not guilty, or favorable plea in an accompanying criminal case.

A.R.S 13-2916 describes the use of electronic communications to terrify, threaten, harass, or intimidate an alleged victim. It is unlawful for any person, with intent to terrify, intimidate, threaten or harass a specific person or persons, to do any of the following:

  1. Direct any obscene, lewd or profane language or suggest any lewd or lascivious act to the person in an electronic communication.
  2. Threaten to inflict physical harm to any person or property in any electronic communication.
  3. Otherwise disturb 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.

“electronic communication” means a wire line, cable, wireless or cellular telephone call, a text message, an instant message or electronic mail.

There are a number of 1st Amendment considerations that arise under these types of claims. You need an experienced and aggressive Arizona Criminal Defense attorney to litigate the issues.

Contact Us

Feel free to call us at any time with any questions or inquiries you may have. We offer a free 60 minute consultation to all of our clients. See contact details below.

The Litwak Law Group

Criminal Defense & Civil Litigation Attorney

602-492-8452

1 NORTH 1ST STREET, SUITE 716, 

PHOENIX, AZ 85004