What is the legal definition of harassment?
To get an injunction against harassment, you must show that the defendant has “harassed” you. For the purpose of an IAH, the law defines “harassment” as:
- two or more acts over any period of time that:
- is directed at a specific person;
- serves no legitimate purpose; and
- reasonably causes the victim to be seriously alarmed, annoyed or harassed;1 or
- one or more acts of sexual violence, which the law defines as committing one of the following acts even if there was no arrest or criminal prosecution:
- indecent exposure;
- public sexual indecency;
- sexual abuse;
- sexual conduct with a minor;
- sexual assault;
- unlawful sexual conduct by:
- an employee of the probation department, juvenile court, or state correctional institution;
- a peace officer;
- a behavioral health professional;
- molestation of a child;
- bestiality;
- continuous sexual abuse of a child;
- violent sexual assault;
- voyeurism;
- unlawful disclosure of images depicting states of nudity or specific sexual activities;
- sexual extortion;
- kidnapping but only if there is the intention to inflict death, physical injury, or a sexual offense on the victim, or to otherwise aid in the commission of a felony;
- sex trafficking;
- surreptitious photographing, videotaping, filming or digitally recording or viewing;
- taking child for the purpose of prostitution;
- commercial sexual exploitation of a minor, sexual exploitation of a minor, luring a minor for sexual exploitation, or aggravated luring a minor for sexual exploitation;2
3. any contact if the respondent committed any of the following crimes against you:
- a “dangerous offense,” which the law defines as:
- an offense involving the discharge, use, or threatening exhibition of a deadly weapon or dangerous instrument; or
- intentionally causing serious physical injury;
- a “serious offense” or a “violent or aggravated felony,” which the law defines as:
- aggravated assault resulting in serious physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument;
- sexual assault;
- violent sexual assault;
- sexual conduct with a minor that is a class 2 felony;
- molestation of a child;
- continuous sexual abuse of a child;
- sexual conduct with a minor under fifteen years of age;
- child sex trafficking;
- taking child for the purpose of prostitution;
- commercial sexual exploitation of a minor;
- sexual exploitation of a minor;
- any dangerous crime against children;
- arson of an occupied structure, jail, or prison facility;
- armed robbery;
- burglary in the first degree;
- burglary in the first degree committed in a residential structure if the structure is occupied;
- kidnapping;
- dangerous or deadly assault by prisoner;
- committing assault with intent to incite to riot or participate in riot;
- drive by shooting;
- discharging a firearm at an occupied residential structure;
- participating in or assisting a criminal syndicate or leading or participating in a criminal street gang;
- terrorism;
- negligent homicide, manslaughter, and murder in the 1st degree or 2nd degree;
- unlawful introduction of disease or parasite; or
- any offense in Title 13, Chapter 14 or Chapter 35.1 of the Arizona Criminal Code.3
Harassment may also include defamation against an employer, unlawful picketing, trespassory assembly, unlawful mass assembly, concerted interference with lawful business activity, and taking part in a secondary boycott.1
1 A.R.S. § 12-1809(T)
2 A.R.S. §§ 12-1809(T); 23-371(J)
3 A.R.S. §§ 12-1809(T); 13-105(13); 13-706(F)