Within the framework of autism advocacy and awareness, the larger questions are often focused on access to necessary medical care, educational resources, or therapy. Yet beyond these more readily visible issues, there exists a complex network of cross-sectional legal realities that impact those within the autism community. The intersection of these myriad realities can involve awareness of stalking laws in Arizona.
The purpose of Arizona’s anti-stalking laws is meant to protect victims of harassment from continuous, unwanted threats, and other behaviors that create a concern for safety. Stalking is defined by Arizona Revised Statutes section 13-2923 as “intentionally or knowingly engaging in a course of conduct that causes another person reasonable apprehension of physical injury or harm.” Approximately 6% of the population in Arizona are individuals with autism. The state noted that in 2017, 382 broadcasting hours were dedicated to raising awareness of autism. The goal of increasing awareness about autism spectrum disorder in Arizona is crucial for many reasons, one of which is the potential for misinterpretations of individuals in the autism community being perceived as stalkers.
In Arizona, stalking is a class 1 misdemeanor, with a possible sentence of six months of jail time. Illnesses, such as autism, or mental illness, do not excuse a stalker’s behavior, and offenders are often charged with stalking even if there were other extenuating factors involved.
While the legislation in Arizona strives to adequately identify offenses that are indicative of stalking behavior, situations exist where the application of the law may mistakenly apply to individuals with autism who may be more vulnerable, or who have difficulty socially interpreting the intentions of others. If someone with autism perceives someone in public to be a threat, they may unknowingly follow and stalk them, as a way of trying to protect themselves. In addition, excitability or unexpected outbursts could be construed as aggressive behavior, although the intention may be completely innocent. If someone without an understanding of autism sees someone who “fits the profile” of a stalker under Arizona law, that person may misinterpret the individual’s actions and bring legal action against them.
Because of the situation described above, it is important to note that Arizona revised statutes section 13-2923.02 includes a provision that states if an individual with autism spectrum disorder is charged with the crime of stalking, and if the person proves that this occurred as a result of illness or condition, then an affirmative defense is available. Furthermore, the prosecution cannot introduce evidence of their disability, nor may the court admit any evidence of it.
The special education program the University of Arizona has put in place takes intersectional learning and inclusive legal instruction and further improves the opportunity for success amongst the students at that institution. Those who watch, work within, and support those with autism within the state of Arizona will help in combating misconceptions, and rectifying misunderstood behaviors. Because legal advisors, advocates, and autism support networks understand the unique challenges and vulnerabilities of individuals with autism, they are able to devise and share ways to stay safe when interacting with others, always keeping in mind the prohibitive measures of stalking laws in Arizona. With a deeper understanding into people with autism, the application of the laws will more likely be fair to everyone involved.
For more information on stalking laws, you can visit the National Criminal Justice Reference Service.