13-2401. Personal information on the internet; exception; classification; definitions

538 words·~2 min read·/az/title-13/13-2401

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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.

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.