A. It is unlawful for a person to threaten to commit an act of terrorism and communicate the threat to any other person.

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Terms Used In Arizona Laws 13-2308.02

  • Act: means a bodily movement. See Arizona Laws 13-105
  • Felony: means an offense for which a sentence to a term of imprisonment in the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
  • Government: means the state, any political subdivision of the state or any department, agency, board, commission, institution or governmental instrumentality of or within the state or political subdivision. See Arizona Laws 13-105
  • Knowingly: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 13-105
  • Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Unlawful: means contrary to law or, where the context so requires, not allowed by law. See Arizona Laws 13-105

B. It is unlawful for a person to knowingly make a false report of an act of terrorism and communicate the false report to any other person.

C. It is not a defense to a prosecution under this section that the person did not have the intent or capability of committing the act of terrorism.

D. A person who is convicted of a violation of this section is liable for the expenses that are incurred incident to the response to or the investigation of the commission of the terrorist threat or the false report of terrorism. If the person is a juvenile who is adjudicated delinquent for a violation of this section, the court may order the juvenile to pay the expenses incurred under this subsection as restitution. The expenses are a debt of the person. The public agency, for-profit entity or not-for-profit entity that incurred the expenses may collect the debt proportionally. The liability that is imposed under this subsection is in addition to any other liability that may be imposed.

E. A violation of this section is a class 3 felony.

F. For the purposes of this section:

1. "Expenses":

(a) Means any reasonable costs that are directly incurred by a public agency, for-profit entity or not-for-profit entity that makes an appropriate response to an incident or an investigation of the commission of the terrorist threat or a false report of terrorism.

(b) Includes the costs of providing police, firefighting, rescue and emergency medical services at the scene of an incident and the salaries of the persons who respond to the incident.

(c) Does not include any charges that are assessed by an ambulance service that is regulated pursuant to Title 36, Chapter 21.1, article 2.

2. "Public agency" has the same meaning prescribed in section 38-502 and includes the federal government, any Arizona federally recognized Native American tribe or any other public authority that is located in whole or in part in this state.