Criminal Law

questions & answers

Question: What do I do if I have received a death threat in my phone's voicemail?

Answer:

If you are in any immediate danger dial 9-1-1.

In pursuant to A.R.S. 13-2916 (http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/13/02916.htm&Title=13&DocType=ARS) it is unlawful for any person, with intent to terrify, intimidate, threaten or harass a specific person or persons, to do any of the following:
1. Direct any obscene, lewd or profane language or suggest any lewd or lascivious act to the person in an electronic communication.
2. Threaten to inflict physical harm to any person or property in any electronic communication.
3. Otherwise disturb by repeated anonymous, unwanted or unsolicited electronic communications the peace, quiet or right of privacy of the person at the place where the communications were received.
D. Any person who violates this section is guilty of a class 1 misdemeanor.

You should report his telephonic harassment and threats to the police as each contact occurs for documentation through a police report. Make sure to provide the authorities with all tape recordings of calls (and copy them for your own benefit, since the police will probably seize the original recordings as evidence), any identifying information on the individual, and the nature of the threat. You may wish to contact a local attorney (http://azlawhelp.org/articles_info.cfm?mc=1&sc=1&articleid=129) to see whether it would be appropriate to seek a restraining order to legally bar the individual from contacting you again.

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