(a) A person is guilty of harassment in the second degree when: (1) By telephone,he addresses another in or uses indecent or obscene language; or (2) with intent toharass, annoy or alarm another person, he communicates with a person by telegraph or mail, by electronically transmitting a facsimile through connection with a telephonenetwork, by computer network, as defined in section 53a-250, or by any other form of written communication, in a manner likely to cause annoyance or alarm; or (3) with intent toharass, annoy or alarm another person, he makes a telephone call, whether or not aconversation ensues, in a manner likely to cause annoyance or alarm.(b) For the purposes of this section, such offense may be deemed to have beencommitted either at the place where the communication originated or at the place where it was received.(c) The court may order any person convicted under this section to be examined by one or more psychiatrists.(d) Harassment in the second degree is a class C misdemeanor.
Unlike the harassment or similar stalking statutes of thirty other States, the District of Columbia and Guam, Arizona and Connecticut have chosen to not include an exception for constitutionally protected conduct in their statutes. The plain language of these statutes is wildlyoverbroad and vague. Arizona drafted its statute with an exception for
lawful demonstration,assembly or picketing
, but, chose to make the
harassment inherent in civil litigation a crime.Both statutes criminalize a host of other constitutionally protected conduct such as blogging, journalism and the like on the internet and elsewhere.Surprise, Arizona police officer, Hector Heredia, issued a written email threat againstHuminski under the color of AZ Rev. Stat. § 13-2921 stating as follows:
This is Officer H. Heredia #2019 from the Surprise Police Department. I would like to inform you that Mr. Michael [sic] Nelson filed a
complaint with this department today. Mr. Huminski I would like to set upan interview with you reference this
allegation. My scheduled work days are Wednesday through Saturday 6:00 A.M. to 4:00 P.M. Pleasedo not have any type of contact with either Michael [sic] Nelson or Anthony Tsontakislaw until I speak with you and hear your side. You cancall me at 623-222-4262 to set up an interview or leave a message whenyou will be able to come during the mentioned work days and hours.Thank-you. (emphasis added)
This quote was issued the day prior to a civil hearing in an Arizona court Huminski v. Nelson.Anthony Tsontakislaw[sic] was the attorney for defendant Mr. Nelson. The intent to obstruct
civil litigation couldn’t be more clear.
Surprise, Arizona police officer, Hector Heredia, stated the following in police tapedtelephone conversations with Huminski (emphasis added),