A person commits a threatening or intimidating act if the person threatens or intimidates by word or conduct with the intent to:
(1) cause physical injury to another person or serious damage to the property of another; or;
(2) cause, or in reckless disregard to causing, serious public inconvenience including, but not limited to, evacuation of a building, place of assembly or transportation facility; or
(3) ause physical injury to another person or damage to the property of another in order to promote, further or assist in the interests of or to cause, induce or solicit another person to participate in a criminal street gang, a criminal syndicate or a racketeering enterprise.
Threatening or intimidating by word or conduct means exactly that; mere words alone may constitute as a violation of A.R.S. 13-1202. To establish guilt, it must be proven that a reasonable person in similar circumstances would perceive the words as an actual threat (or expression of intent to inflict bodily harm). The defendant does not even have to be physically capable of carrying out the threat, nor must he have actually intended (or planned) to physically harm the victim.2 Moreover, whether the victim was actually afraid is irrelevant. The victim of threatening or intimidating conduct is not required to have experienced fear for a defendant to be convicted of the crime. In other words, the law is concerned with the conduct of the defendant as opposed to the experience of the victim.
Threatening or intimidating in Arizona is a criminal charge that could be a felony or a misdemeanor depending on what happened. If the threatening or intimidating happed while in the course of gang activity the charge may be considered a class 3 felony where the penalties can be significant depending on the person’s criminal record. However, most charges under this law is considered a class 1 misdemeanor and is punishable by up to 6 months jail, large fines, and 3 years’ probation.