A. A person commits threatening or intimidating if the person threatens or intimidates by word or conduct:
1. To cause physical injury to another person or serious damage to the property of another; or
2. To 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. To cause 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.
B. Threatening or intimidating pursuant to subsection A, paragraph 1 or 2 is a class 1 misdemeanor, except that it is a class 6 felony if:
1. The offense is committed in retaliation for a victim's either reporting criminal activity or being involved in an organization, other than a law enforcement agency, that is established for the purpose of reporting or preventing criminal activity.
2. The person is a criminal street gang member.
C. Threatening or intimidating pursuant to subsection A, paragraph 3 is a class 3 felony.
Notes of Decisions
State of Arizona v. Christopher Arevalo, 470 P.3d 644 (Ariz. 2020).
· cites it 22× “¶23 The statutory structure of § 13-1202 further dispels the notion that (B)(2) serves any purpose other than to enhance punishment based solely on gang status.”
State v. Harm, 340 P.3d 1110 (Ariz. Ct. App. 2015).
· cites it 13× “A.R.S. § 13-1202(A)(3), (C). ¶7 Following the determination of guilt, the trial court proceeded to the aggravation phase.”
In Re Kyle M., 27 P.3d 804 (Ariz. Ct. App. 2001).
· cites it 29× “¶ 8 Section 13-1202 provides, in pertinent part, as follows: A.”
In Re Ryan A., 39 P.3d 543 (Ariz. Ct. App. 2002).
· cites it 16× “” Ryan makes this argument based on A.R.S. § 13-1202 before its amendment in 1994, and State v.”
State v. Henderson, 115 P.3d 601 (Ariz. 2005).
· cites it 4× “§ 13-1203 (2001), and one count of threatening or intimidating, A.R.S. § 13-1202 (2001). The jury convicted Henderson of assault and threatening or intimidating.”
State v. Noriega, 690 P.2d 775 (Ariz. 1984).
· cites it 8× “Appellant also argues that she was entitled to an instruction on threatening or intimidating, A.R.S. § 13-1202(A)(1), a class-1 misdemeanor, as a lesser included offense within aggravated assault, A.”
State v. Garcia, 685 P.2d 734 (Ariz. 1984).
· cites it 8× “§ 13-1201, or threatening or intimidating, A.R.S. § 13-1202, lesser-included offenses of the crime of dangerous or deadly assault by a prisoner, A.”
State v. Morgan, 625 P.2d 951 (Ariz. Ct. App. 1981).
· cites it 8× “INSTRUCTIONS ON THREATENING OR INTIMIDATING AND ENDANGERMENT For appellant’s first claim of error, she argues that the trial court erred in failing to instruct the jury that the offenses of threatening or intimidating (A.R.S. § 13-1202) and endangerment (A.R.S.”
State v. Corona, 932 P.2d 1356 (Ariz. Ct. App. 1997).
· cites it 6× “CORONA, on or about the 30th day of October, 1994, threatened, or intimidated by word or conduct to cause physical injury to [victim], 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…”
In Re Nickolas S., 245 P.3d 446 (Ariz. 2011).
· cites it 4× “Arizona's criminal code includes provisions that not only punish threats, intimidation, assaults, and disorderly conduct in general, but also more specifically prohibit assaults and disruptive conduct in schools.”
Citizen Publ'g Co. v. Miller, 115 P.3d 107 (Ariz. 2005).
· cites it 2× “involved the interpretation of A.R.S. § 13-1202(A)(1), which proscribes “threatening” or “intimidating.”
State v. Rineer, 639 P.2d 337 (Ariz. Ct. App. 1981).
· cites it 6× “§ 13-1201, and threatening or intimidating, A.R.S. § 13-1202. He argues that those offenses are lesser included offenses of aggravated assault, and that the state of the evidence at trial made them necessarily included offenses.”
— Ariz. Rev. Stat. § 13-1202(A) — 7 cases
In Re Ryan A., 39 P.3d 543 (Ariz. Ct. App. 2002).
“” Ryan makes this argument based on A.R.S. § 13-1202 before its amendment in 1994, and State v.”
In Re Kyle M., 27 P.3d 804 (Ariz. Ct. App. 2001).
“¶ 8 Section 13-1202 provides, in pertinent part, as follows: A.”
State v. Rineer, 639 P.2d 337 (Ariz. Ct. App. 1981).
“§ 13-1201, and threatening or intimidating, A.R.S. § 13-1202. He argues that those offenses are lesser included offenses of aggravated assault, and that the state of the evidence at trial made them necessarily included offenses.”
— Ariz. Rev. Stat. § 13-1202(A)(1) — 30 cases
In Re Kyle M., 27 P.3d 804 (Ariz. Ct. App. 2001).
“¶ 8 Section 13-1202 provides, in pertinent part, as follows: A.”
In Re Ryan A., 39 P.3d 543 (Ariz. Ct. App. 2002).
“” Ryan makes this argument based on A.R.S. § 13-1202 before its amendment in 1994, and State v.”
State v. Noriega, 690 P.2d 775 (Ariz. 1984).
“Appellant also argues that she was entitled to an instruction on threatening or intimidating, A.R.S. § 13-1202(A)(1), a class-1 misdemeanor, as a lesser included offense within aggravated assault, A.”
State v. Morgan, 625 P.2d 951 (Ariz. Ct. App. 1981).
“INSTRUCTIONS ON THREATENING OR INTIMIDATING AND ENDANGERMENT For appellant’s first claim of error, she argues that the trial court erred in failing to instruct the jury that the offenses of threatening or intimidating (A.R.S. § 13-1202) and endangerment (A.R.S.”
Citizen Publ'g Co. v. Miller, 115 P.3d 107 (Ariz. 2005).
“involved the interpretation of A.R.S. § 13-1202(A)(1), which proscribes “threatening” or “intimidating.”
— Ariz. Rev. Stat. § 13-1202(A)(3) — 7 cases
State v. Harm, 340 P.3d 1110 (Ariz. Ct. App. 2015).
“A.R.S. § 13-1202(A)(3), (C). ¶7 Following the determination of guilt, the trial court proceeded to the aggravation phase.”
State of Arizona v. Christopher Arevalo, 470 P.3d 644 (Ariz. 2020).
“¶23 The statutory structure of § 13-1202 further dispels the notion that (B)(2) serves any purpose other than to enhance punishment based solely on gang status.”
State v. Corona, 932 P.2d 1356 (Ariz. Ct. App. 1997).
“CORONA, on or about the 30th day of October, 1994, threatened, or intimidated by word or conduct to cause physical injury to [victim], 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…”
— Ariz. Rev. Stat. § 13-1202(AX1) — 1 case
State v. Morgan, 625 P.2d 951 (Ariz. Ct. App. 1981).
“INSTRUCTIONS ON THREATENING OR INTIMIDATING AND ENDANGERMENT For appellant’s first claim of error, she argues that the trial court erred in failing to instruct the jury that the offenses of threatening or intimidating (A.R.S. § 13-1202) and endangerment (A.R.S.”
— Ariz. Rev. Stat. § 13-1202(B) — 3 cases
— Ariz. Rev. Stat. § 13-1202(B)(2) — 4 cases
State of Arizona v. Christopher Arevalo, 470 P.3d 644 (Ariz. 2020).
“¶23 The statutory structure of § 13-1202 further dispels the notion that (B)(2) serves any purpose other than to enhance punishment based solely on gang status.”
— Ariz. Rev. Stat. § 13-1202(C) — 1 case
State of Arizona v. Christopher Arevalo, 470 P.3d 644 (Ariz. 2020).
“¶23 The statutory structure of § 13-1202 further dispels the notion that (B)(2) serves any purpose other than to enhance punishment based solely on gang status.”
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