13-2914. Aggressive solicitation; classification; definitions

410 words·~2 min read·/az/title-13/13-2914

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 solicit any money or other thing of value or solicit the sale of goods or services:

1. Within fifteen feet of any bank entrance or exit or any automated teller machine if the person does not have permission to be there from the bank or the owner of the property on which the automated teller machine is located.

2. In a public area by:

(a)Intentionally, knowingly or recklessly making any physical contact with or touching another person in the course of the solicitation without the person's consent.

(b)Approaching or following the person being solicited in a manner that is intended or is likely to cause a reasonable person to fear imminent bodily harm to oneself or another or damage to or loss of property or that is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation.

(c)Continuing to solicit the person after the person being solicited has clearly communicated a request that the solicitation stop.

(d)Intentionally, knowingly or recklessly obstructing the safe or free passage of the person being solicited or requiring the person to take evasive action to avoid physical contact with the person making the solicitation. This subdivision does not apply to acts that are authorized as an exercise of one's constitutional right to picket or protest.

(e)Intentionally, knowingly or recklessly using obscene or abusive language or gestures that are intended or likely to cause a reasonable person to fear imminent bodily harm or that are reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation.

B. A violation of this section is a petty offense.

C. For the purposes of this section:

1. "Automated teller machine" has the same meaning prescribed in section 6-101.

2. "Bank" means a bank, credit union or other similar financial institution.

3. "Public area" means an area that the public or a substantial group of persons has access to and includes alleys, bridges, buildings, driveways, parking lots, parks, playgrounds, plazas, sidewalks and streets open to the general public, and the doorways and entrances to buildings and dwellings and the grounds enclosing them.

4. "Solicit" means using any means of communication, including by spoken, written or printed word, to request an immediate donation or exchange of money or other thing of value from another person regardless of the solicitor's purpose or intended use of the money or other thing of value.