How is domestic violence defined in Arizona? A.R.S. § 13-3601 includes a variety of criminal offenses that may be considered domestic violence depending on the relationship between the victim and defendant. This post will provide an overview of the relationship test as well as the list of offenses that fall within the definition of domestic violence.
Relationship Test
Certain criminal offenses will be considered domestic violence if the relationship between the victim and defendant includes any of the following:
- Marriage or former marriage
- Persons residing or having resided in the same household
- The parties have a child in common
- The victim or the defendant is pregnant by the other party
- The victim is related to the defendant or the defendant’s spouse by blood or court order as a parent, grandparent, child, grandchild, brother or sister or by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law or sister-in-law
- The victim is a child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or who has resided in the same household as the defendant
- The relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship, considering these factors:
- (a) The type of relationship
- (b) The length of the relationship
- (c) The frequency of the interaction between the victim and the defendant
- (d) If the relationship has terminated, the length of time since the termination
Domestic Violence Offenses
If the victim and defendant pass the relationship test, any of the following offenses are considered domestic violence:
- 13-705: Dangerous crime against children (under 15 years)
- Includes a list of 23 criminal offenses if committed against a child under 15 years of age
- 13-1102: Negligent homicide
- 13-1103: Manslaughter
- 13-1104: Second degree murder
- 13-1105: First degree murder
- 13-1201: Endangerment
- Recklessly endangering another person with a substantial risk of imminent death or physical injury
- 13-1202: Threatening or intimidating
- To cause physical injury or serious damage
- To cause or reckless disregard for causing serious public inconvenience, evacuation of a building, etc.
- To cause injury or damage to property to solicit gang participation
- 13-1203: Assault
- Intentional, knowing or reckless injury to another
- Intentionally placing another in reasonable apprehension of imminent physical injury
- Knowingly touching another person with the intent to injury, insult or provoke
- 13-1204: Aggravated assault
- 13-1302: Custodial interference
- (A)(1) Takes from lawful custody a child who is entrusted by authority of law to the custody or another person
- (A)(2) Before a court order is entered, takes or withholds a child from the other parent denying that parent access
- (A)(3) If parents have joint legal custody, takes or withholds the child
- (4) Intentionally fails or refuses to return a child at the expiration of access rights outside this state
- (A)(B) If child is born out of wedlock, mother is the legal custodian until paternity is established and custody or access is determined by a court
- (C) It is a defense to (2) above if:
- defendant has begun the process to obtain an OOP or files a custody petition within a reasonable time and petition/OOP states belief that child was at risk if left with the other parent; AND
- defendant is the child’s parent, has the right of custody, and either has a good faith and reasonable belief that they are protecting the child from immediate danger, OR is a victim of domestic violence and has a good faith and reasonable belief that child will be in immediate danger if left with the other parent
- (A)(2) and (A)(3) don’t apply to a parent if the parent has filed an emergency petition and received a hearing date from the court, AND has a good faith and reasonable belief that the child will be in immediate danger
- 13-1303: Unlawful imprisonment
- Knowingly restraining another person
- Doesn’t apply to peace officer or detention officer; or if defendant is relative of person restrained and sole intent is to assume lawful custody and accomplished without physical injury
- 13-1304: Kidnapping
- 13-1406: Sexual assault
- 13-1425: Unlawful disclosure of nude images
- Intentional disclosure of image of another person who is identifiable from the image itself or information displayed in connection with the image
- Depicted in a state of nudity or engaged in specific sexual activities
- Victim has a reasonable expectation of privacy; sending image to another person does not remove reasonable expectation of privacy
- Image is disclosed with the intent to harm, harass, intimidate, threaten or coerce
- Does not apply to reporting of unlawful conduct, lawful and common practices of law enforcement, criminal reporting, legal proceedings or medical treatment; images involving voluntary exposure in a public or commercial setting; images disclosed with consent
- 13-1502: Criminal trespass third degree
- 13-1503: Criminal trespass second degree
- 13-1504: Criminal trespass first degree
- 13-1602: Criminal damage
- 13-2810: Interfering with judicial proceedings
- Engages in disorderly, disrespectful or insolent behavior
- Disobeys or resists the lawful order, process or other mandate of a court
- Refuses to be sworn in
- Publishes a false or grossly inaccurate report of a court proceeding
- 13-2904: Disorderly conduct
- subsection (A) paragraphs 1, 2, 3 or 6
- (1) fighting, violent or seriously disruptive behavior
- (2) makes unreasonable noise
- (3) uses abusive or offensive language or gestures likely to provoke immediate physical retaliation
- (6) reckless handles, displays or discharges a deadly weapon or dangerous instrument
- 13-2910: Cruelty to animals
- subsection (A), paragraph 8 or 9
- (8) Intentionally or knowingly subjects any animal under the person’s custody or control to cruel neglect or abandonment that results in serious physical injury to the animal
- (9) Intentionally or knowingly subjects any animal to cruel mistreatment
- 13-2915(A)(3): Preventing use of telephone in emergency
- (A)(3) only: Intentionally prevent or interfere with the use of a telephone by another person in an emergency situation
- 13-2916: Use of electronic communication harass [cyberbullying or doxxing]
- Directing any obscene, lewd or profane language or suggesting any lewd or lascivious act to the person in an electronic communication.
- Threatening to inflict physical harm on any person or to property in any electronic communication.
- 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.
- 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.
- Harassment means a knowing and willful 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.
- Personal identifying information means information that would allow the identified person to be located, contacted or harassed and 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.
- 13-2921: Harassment
- 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.
- Continues to follow another person in or about a public place for no legitimate purpose after being asked to desist.
- Repeatedly commits an act or acts that harass another person.
- Surveils or causes another person to surveil a person for no legitimate purpose.
- On more than one occasion makes a false report to a law enforcement, credit or social service agency.
- Interferes with the delivery of any public or regulated utility to a person.
- Harassment means conduct that is directed at a specific person and that would cause a reasonable person to be seriously alarmed, annoyed or harassed and the conduct in fact seriously alarms, annoys or harasses the person.
- 13-2921.01: Aggravated harassment
- A court has issued an order of protection or an injunction against harassment against the person and in favor of the victim of harassment and the order or injunction has been served and is still valid.
- The person has previously been convicted of an offense included in section 13-3601.
- The victim of any previous offense shall be the same as in the present offense.
- 13-2923: Stalking
- Intentionally or knowingly engages in a course of conduct that is directed toward another person and if that conduct causes the victim to:
- Suffer emotional distress or reasonably fear that either:
- (a) The victim’s property will be damaged or destroyed.
- (b) Any of the following will be physically injured:
- (i) The victim.
- (ii) The victim’s family member, domestic animal or livestock.
- (iii) A person with whom the victim has or has previously had a romantic or sexual relationship.
- (iv) A person who regularly resides in the victim’s household or has resided in the victim’s household within the six months before the last conduct occurred.
- Reasonably fear death or the death of any of the following:
- (a) The victim’s family member, domestic animal or livestock.
- (b) A person with whom the victim has or has previously had a romantic or sexual relationship.
- (c) A person who regularly resides in the victim’s household or has resided in the victim’s household within the six months before the last conduct occurred.
- Suffer emotional distress or reasonably fear that either:
- Course of conduct means directly or indirectly, in person or through one or more third persons or by any other means, to do any of the following:
- (i) Maintain visual or physical proximity to a specific person or direct verbal, written or other threats, whether express or implied, to a specific person on two or more occasions over a period of time, however short.
- (ii) Use any electronic, digital or global positioning system device to surveil a specific person or a specific person’s internet or wireless activity continuously for twelve hours or more or on two or more occasions over a period of time, however short, without authorization.
- (iii) Communicate, or cause to be communicated, on more than one occasion words, images or language by or through the use of electronic mail or an electronic communication that is directed at a specific person without authorization and without a legitimate purpose.
- Emotional distress means significant mental suffering or distress that may, but does not have to, require medical or other professional treatment or counseling.
- Intentionally or knowingly engages in a course of conduct that is directed toward another person and if that conduct causes the victim to:
- 13-3019: Surreptitious photographing
- Knowingly photograph, videotape, film, digitally record or by any other means secretly view, with or without a device, another person without that person’s consent under either of the following circumstances:
- (1) In a restroom, bathroom, locker room, bedroom or other location where the person has a reasonable expectation of privacy and the person is urinating, defecating, dressing, undressing, nude or involved in sexual intercourse or sexual contact.
- (2) In a manner that directly or indirectly captures or allows the viewing of the person’s genitalia, buttock or female breast, whether clothed or unclothed, that is not otherwise visible to the public.
- Knowingly photograph, videotape, film, digitally record or by any other means secretly view, with or without a device, another person without that person’s consent under either of the following circumstances:
- 13-3601.02: Aggravated domestic violence
- 13-3623: Child or vulnerable adult abuse