Arizona Laws 13-2401. Personal information on the internet; exception; classification; definitions
A. It is unlawful for a person to knowingly make available on the internet the personal information of a health professional, election officer, public official, peace officer, justice, judge, commissioner, hearing officer, public defender, member of the commission on appellate court appointments, employee of the department of child safety or employee of adult protective services who has direct contact with families in the course of employment or prosecutor if the dissemination of the personal information poses an imminent and serious threat to the health professional’s, election officer’s, public official’s, peace officer’s, justice’s, judge’s, commissioner’s, hearing officer’s, public defender’s, member’s, department of child safety employee’s, adult protective services employee’s or prosecutor’s safety or the safety of that person’s immediate family and the threat is reasonably apparent to the person making the information available on the internet to be serious and imminent. For the purposes of this subsection, "personal information" includes the address of a property held in trust by a public official.
Terms Used In Arizona Laws 13-2401
- Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Contract: A legal written agreement that becomes binding when signed.
- Federal public defender: An attorney employed by the federal courts on a full-time basis to provide legal defense to defendants who are unable to afford counsel. The judiciary administers the federal defender program pursuant to the Criminal Justice Act. Source: U.S. Courts
- 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
- 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
- Magistrate: means an officer having power to issue a warrant for the arrest of a person charged with a public offense and includes the chief justice and justices of the supreme court, judges of the superior court, judges of the court of appeals, justices of the peace and judges of a municipal court. See Arizona Laws 1-215
- Peace officer: means any person vested by law with a duty to maintain public order and make arrests and includes a constable. 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
- Property: means anything of value, tangible or intangible. See Arizona Laws 13-105
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
- United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
- Unlawful: means contrary to law or, where the context so requires, not allowed by law. See Arizona Laws 13-105
- Vehicle: means a device in, upon or by which any person or property is, may be or could have been transported or drawn upon a highway, waterway or airway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. See Arizona Laws 13-105
B. It is not a violation of this section if an employee of a county recorder, county treasurer or county assessor publishes personal information, in good faith, on the website of the county recorder, county treasurer or county assessor in the ordinary course of carrying out public functions.
C. A violation of subsection A of this section is a class 5 felony.
D. For the purposes of this section:
1. "Commissioner" means a commissioner of the superior court or municipal court.
2. "Election officer" means a state, county or municipal employee who holds an election officer’s certificate issued pursuant to section 16-407.
3. "Health professional" means an individual who is licensed pursuant to Title 32, Chapter 13, 15, 17, 19.1, 25 or 33.
4. "Hearing officer" means a hearing officer who is appointed pursuant to section 28-1553.
5. "Immediate family" means a health professional’s, peace officer’s, justice’s, judge’s, commissioner’s, public defender’s or prosecutor’s spouse, child or parent and any other adult who lives in the same residence as the person.
6. "Judge" means a judge of the United States district court, the United States court of appeals, the United States magistrate court, the United States bankruptcy court, the Arizona court of appeals, the superior court or a municipal court.
7. "Justice" means a justice of the United States or Arizona supreme court or a justice of the peace.
8. "Personal information" means a health professional’s, election officer’s, public official’s, peace officer’s, justice’s, judge’s, commissioner’s, hearing officer’s, public defender’s, commission on appellate court appointments member’s or prosecutor’s home address, home telephone number, pager number or personal photograph, directions to the person’s home or photographs of the person’s home or vehicle.
9. "Prosecutor" means a current or former county attorney, municipal prosecutor, attorney general or United States attorney and includes a current or former assistant or deputy United States attorney, county attorney, municipal prosecutor or attorney general.
10. "Public defender" means a federal public defender, county public defender, county legal defender or county contract indigent defense counsel and includes an assistant or deputy federal public defender, county public defender or county legal defender.
11. "Public official" means a person who is duly elected or appointed to Congress, the legislature, a statewide office or a county, city or town office.