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Originally Posted On: https://thevalleylawgroup.com/blog/public-order-crimes-az/
What Are Public Order Crimes in Arizona?
Public order crimes are offenses that disrupt public order and public safety, which is why they are also called public safety crimes. While there is typically no singular victim involved in this type of crime, it is not considered a victimless crime. An individual can be charged with a public order crime if their actions are considered threatening to the community’s safety.
If you have been accused of public order crimes in Arizona, it is crucial that you understand the various consequences associated with this crime. There are legal consequences for you that are meant to address the negative effects you caused on those whose safety was put in jeopardy. Learn more about public order crimes, their consequences, and how a public order attorney in Phoenix can help you reach a positive outcome in your case.
What Are Public Order Crimes in Arizona?
Crimes against public order are different in the sense that there is typically no specific victim targeted, but instead, unsafe behavior is seen as harmful to an entire community of people.
Offenses against public order in Arizona involve actions or behaviors that are seen as a disruption to normal daily functions. If they continue without any police intervention, the situation could become more dangerous or threatening to the public.
Crimes against public order are different in the sense that there is typically no specific victim targeted, but instead, unsafe behavior is seen as harmful to an entire community of people. Additionally, there does not need to be a targeted victim for the police to take action – merely evidence that the behavior is disrupting the peace or causing harm to others.
Examples of Public Order Crimes in Arizona
The definition of a public order crime can be confusing without an understanding of the types of actions or behaviors that may be constituted as harming public safety or disturbing societal peace. This is why it is helpful to understand some of the most common offenses.
Below are some examples of public order crimes:
Disorderly Conduct
Disorderly conduct can involve several different behaviors by an individual, such as urinating in public or looking into a stranger’s window. Typically, it includes any action that is considered to be disruptive or disturbing to others. According to Arizona law 13-2904, disorderly conduct could involve actions like arguing loudly, shouting while intoxicated, handling a weapon in an unsafe and reckless way, or engaging in fights and becoming violent.
Public Intoxication
Being intoxicated in public is not in itself a crime. However, it can escalate into a crime when someone who is drunk acts disorderly while in public. If, for example, a person were to become drunk and become excessively loud or violent, use foul language towards others, cause a commotion that halts legal or business proceedings, refuse to disobey law enforcement, or recklessly handle a weapon, then that is considered disorderly conduct. In this case, being intoxicated while acting disorderly in public is breaking the law as stated in ARS 13-2904.
Additionally, it is important to note that it is not legal to drink alcohol in certain public spaces, such as on the street or in certain gathering places, as stated in Arizona Code 4-244-20. This rule does not apply to privately owned spaces or recreational spaces unless the person drinking is not of legal age. In this instance, public intoxication charges do not refer to being drunk in public, but rather drinking in an unlawful public area.
Unlawful Assembly
An unlawful assembly may or may not involve violent actions. This charge refers to two or more people gathering together with the purpose of participating in conduct that may lead to a riot. These charges may also be levied if there is a reason to believe that violence or a riot may occur, as defined in ARS 13-2902.
Some common examples of unlawful assembly include staying at an assembly after it escalates into a riot and not leaving after being asked to do so or participating in a group that is threatening the safety of others. It can also include preventing access to a political campaign or a governmental meeting.
Rioting
A riot differs from unlawful assembly in the sense that it includes the threat of violence or the actual act of using violence or force. According to ARS 13-2903, an individual participates in a riot whenever two or more people are threatening harm or using forceful violence accompanied by immediate power of execution that is disrupting the peace.
Riots often involve a group of people gathering together as a way to protest something but quickly devolve into violent acts and behaviors. Associated acts may include defacing or destroying public property or fighting against police officers.
Criminal Trespass
This crime involves an individual illegally crossing into another person’s property without permission. Trespassing can also involve staying on the property after being asked to leave.
This crime can look different depending on the degree of severity.
- First-degree criminal trespassing (ARS 13-1504) refers to an individual entering or staying on a residential private property. These charges can also involve the act of secretly looking into a residential building.
- A second-degree (ARS 13-1503) trespassing charge can be levied any time an individual wanders onto non-residential property or a residential yard that is not fenced in.
- Third-degree trespassing (ARS 13-1502) typically involves a person who remains on private property after being asked to leave. One example of this is someone walking or staying on railroad tracks even after being asked to leave in a reasonable manner.
Relevant Arizona Revised Statutes
A myriad of public order crimes are defined and discussed within Arizona Revised Statutes (ARS) Chapter 29.
Below are some of these statutes.
Disorderly Conduct (ARS 13-2904)
This statute defines disorderly conduct as behavior that is loud or disruptive to the public. It could involve blocking traffic, causing a disruption during a funeral, making loud noises during the night when most people are sleeping, or using a weapon in a threatening or reckless manner. The goal of this statute is to keep societal peace and allow the public to feel safe during their daily activities.
Obstructing a Public Thoroughfare (ARS 13-2906)
Obstructing a public thoroughfare refers to an individual preventing and blocking traffic either on a public street or on a highway without having the legal authority to do so. It can also include illegally stopping someone driving for the purpose of soliciting. The purpose of this statute is to ensure that traffic continues to flow safely for drivers and pedestrians.
False Reporting (ARS 13-2907)
This statute defines false reporting as falsely claiming a bombing, fire, or other emergency has occurred in order to prompt a response from emergency responders, instill fear, or prevent people from gathering in a building or using transportation. It can also refer to reporting a false emergency incident within a school or religious building. Claiming an emergency that diverts responders from a true emergency is not only illegal but is extremely inconsiderate and unsafe for those who truly need an emergency responder.
Animal Cruelty (ARS 13-2910)
Some of the acts that are considered cruelty to animals include knowingly subjecting an animal to someone who has neglected or abandoned them, failing to provide necessary medical treatment, purposefully causing injury, recklessly harming or disrupting a service animal, or intentionally killing a domestic animal without the permission of the authorities or the owner. The aim of this statute is to protect animals from unnecessary harm.
Harassment (ARS 13-2921)
Harassment occurs when an individual purposefully and continually acts in a way that is meant to intimidate. Acts can include communicating with the victim either electronically or verbally, constantly following that person even after being asked to stop, consistently surveilling a person, making a false report on a targeted person to the police, or preventing the delivery of a public or regulated utility. This statute is designed to protect others from being intimidated, threatened, or followed.
Public Nuisance (ARS 13-2917)
A person who commits a public nuisance offense is someone who creates some sort of obstruction of use to community property or someone who is indecent or offensive in their behavior. Acts can include an individual blocking access to a lake, stream, river, bay, canal, public park, street, or highway. This may also include selling, transferring, trading, or disseminating an obscene item within 2,000 feet of a public school, public park, or residential area. The purpose of this statute is to keep communities safe and peaceful, free of disturbances.
How Public Order Crimes Affect the Community
Arizona public safety crimes impact society in a number of ways. Aside from the disruption of normal daily activities, a public order crime can also create a sense of fear in the community, affecting the public’s peace and sense of normalcy. The community can also experience a sense of disorder, loss of control, and vulnerability.
As a result, property values can decrease with the spike in crime and the area may be stigmatized as unsafe. The community’s economy may also be impacted, as businesses may not want to invest in an area that is considered unsafe and riddled with crime. Additionally, a strain may be placed on the local police officers, forcing their attention onto public order crimes and away from other crimes in action.
Penalties and Legal Consequences
Penalties for public order offenses in Arizona vary depending on the type and severity of the offense. Generally, the penalties associated with public order offenses correspond with the act’s designation as a minor or serious crime.
Disorderly conduct may be considered a minor crime and is often charged as a misdemeanor or with a citation. If charged with a misdemeanor, then the individual may face up to six months in jail, a fine of $2,500, or probation.
Serious public order crimes, such as rioting, stalking, or obstructing a criminal investigation, are considered felonies. Someone facing felony public order crimes can serve time in prison as well as a fine of up to $150,000. Rioting is considered a Class 5 felony and typically includes a prison sentence of between six months to two and half years, though the individual may be given additional probation. Keep in mind that the penalties received are often dependent on how serious the offense is as well as the person’s prior criminal history.
Consult With an Arizona Criminal Defense Attorney
Public order crimes are taken very seriously in the state of Arizona, and charges can result in prison time, serious fines, and probation. If you have been accused of this kind of crime, it is essential to speak with a skilled criminal defense lawyer who can protect your rights and help you develop a formidable defense.
Contact The Valley Law Group to learn more about how our team of experienced Arizona criminal defense attorneys can help you navigate your case with minimal impact on your life.
References:
- Arizona Legislature. (n.d.). A.R.S. § 13-2904 – Disorderly conduct; classification. Arizona Revised Statutes. https://www.azleg.gov/ars/13/02904.htm
- Arizona Legislature. (n.d.). A.R.S. § 4-244 – Unlawful acts by a retailer. Arizona Revised Statutes. https://www.azleg.gov/ars/4/00244.htm
- Arizona Legislature. (n.d.). A.R.S. § 13-2903 – Riot; classification. Arizona Revised Statutes. https://www.azleg.gov/ars/13/02903.htm
- Arizona Legislature. (n.d.). A.R.S. § 13-2902 – Unlawful assembly; classification. Arizona Revised Statutes. https://www.azleg.gov/ars/13/02902.htm
- Arizona Legislature. (n.d.). A.R.S. § 13-2906 – Obstructing a highway or public thoroughfare. Arizona Revised Statutes. https://www.azleg.gov/ars/13/02906.htm
- Arizona Legislature. (n.d.). A.R.S. § 13-2921 – Harassment; classification. Arizona Revised Statutes. https://www.azleg.gov/ars/13/02921.htm
- Arizona Legislature. (n.d.). A.R.S. § 13-2907 – False reporting; classification. Arizona Revised Statutes. https://www.azleg.gov/ars/13/02907.htm
- Arizona Legislature. (n.d.). A.R.S. § 13-2910 – Cruelty to animals; classification. Arizona Revised Statutes. https://www.azleg.gov/ars/13/02910.htm
- Arizona Legislature. (n.d.). A.R.S. § 13-1502 – Criminal trespass in the third degree; classification. Arizona Revised Statutes. https://www.azleg.gov/ars/13/01502.htm
- Arizona Legislature. (n.d.). A.R.S. § 13-1503 – Criminal trespass in the second degree; classification. Arizona Revised Statutes. https://www.azleg.gov/ars/13/01503.htm
- Arizona Legislature. (n.d.). A.R.S. § 13-1504 – Criminal trespass in the first degree; classification. Arizona Revised Statutes. https://www.azleg.gov/ars/13/01504.htm
- Arizona Legislature. (2023). H.B. 2059 – Bill summary [PDF document]. Arizona Legislature. https://www.azleg.gov/legtext/56leg/1R/summary/H.HB2059_020923_JUD.pdf
