Bill > HB2042

This bill amends Arizona's threatening or intimidating statute to clarify what constitutes a "true threat" and how such threats are legally defined. The bill modifies existing law by specifying that a person commits threatening or intimidating by intentionally uttering or conveying a true threat, rather than simply threatening by word or conduct. A true threat is now legally defined as a statement or conduct that a reasonable person would interpret as a serious intention to inflict bodily harm or take someone's life, and which the target of the threat believes is genuine. The bill maintains the existing provisions about threatening physical injury, causing public inconvenience, or threatening someone to participate in criminal enterprises, but adds specificity about how such threats are evaluated. The legislation also preserves existing penalty structures, where such threats can be classified as misdemeanors or felonies depending on the specific circumstances, such as whether the threat is made in retaliation for reporting criminal activity or involves a criminal street gang member. The bill's legislative intent explicitly states that this amendment is designed to resolve potential conflicts with First Amendment free speech protections, drawing on previous judicial guidance about distinguishing between protected speech and actual threats.

Justice

https://apps.azleg.gov/BillStatus/BillOverview/81700