A state law which traces its roots back to attempts in the 1960s to stop people from making harassing phone calls would be amended to add social media posts that “terrify, intimidate, threaten, or harass” another person as types of electronic communications that would be illegal in Arizona if SB1248 is signed into law.
Currently ARS §13-2916 makes it a crime to send an electronic communication with the intent to harass someone via a wire line, cable, wireless or cellular telephone call, a text message, an instant message, or electronic mail. Various amendments to the law over the decades have not kept up with technology.
Social media use has skyrocketed since the last amendment to the statute in 2012, making it difficult for officers to pursue cyberbullying conduct on the hundreds of social media platforms now available, according to Det. Sgt. Jericho Valle of the Willcox Police Department.
“I think it’s been a long time coming for the Arizona Legislature to look at the impact of cyberbullying through social media where some of the expressions, statements, and comments are often hidden behind freedom of speech,” Valle told Arizona Daily Independent. “Social media posts are sent to a broad area and have been extremely hard for officers to charge as they generally are not sent directly to the victim.”
Sen. Warren Petersen (R-LD12) introduced SB1248 to remedy those limitations by amending the statute to add social media posts to the definition of electronic communications covered by the law. The bill would also remove the prerequisite of intent and instead replace it with a showing by the prosecutor that the suspect knew the communication would terrify, intimidate, threaten, or harass the recipient.
Petersen’s bill breezed through the Senate, passing with strong bi-partisan support on a 28 to 2 vote. However, House Speaker Rusty Bowers still has not assigned the bill to any House committees; without committee action by March 26 the bill will die.
Among the types of content currently unlawful under ARS 13-2916 are any obscene, lewd, or profane language or suggesting any lewd or lascivious act if sent to another person via an electronic communication if the intent is to terrify, intimidate, threaten, or harass that person.
It is also unlawful to threaten to inflict physical harm to any person or property, and to disturb “the peace, quiet or right of privacy” of any person based on “repeated anonymous, unwanted or unsolicited electronic communications.”
The outdated statute has hamstrung law enforcement officials like Valle across the state who see firsthand the impacts of cyberbullying and have been frustrated by the failure of the law to keep up. Petersen’s bill would also ensure that prosecution under ARS 13-2916 can be initiated in the jurisdiction where the communication originated or where it was received.
“All in all I feel this is a step in the right direction in our society where technology is everchanging,” Valle said. “The ability of our Legislature to identify and create laws that are able to adapt to these changes, will protect people from being harassed and/or threatened through social media.”
ARS 13-2916 does not apply to constitutionally protected speech or activity, or to any other activity authorized by law. An alleged violations of the statute can be charged as a Class 1 misdemeanor punishable by up to six months in jail and/or up to a $2,500 fine.
