Assigned to JUD FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
FACT SHEET FOR H.B. 2212
criminal damage; trespassing; critical facilities
Purpose
Classifies interfering with or preventing the performance of a normal function of any utility
infrastructure or property, or the intended course or path of any utility service, as aggravated
criminal damage.
Background
A person commits aggravated criminal damage by intentionally or recklessly, without the
express permission of the owner: 1) defacing, damaging or in any way changing the appearance of
any building, structure, personal property or place used for worship or any religious purpose;
2) defacing or damaging any building, structure or place used as a school or as an educational
facility; 3) defacing, damaging or tampering with any cemetery, mortuary or personal property of
the cemetery or mortuary or other facility used for the purpose of burial or memorializing the dead;
or 4) defacing, damaging or tampering with any utility or agricultural infrastructure or property,
construction site or existing structure for the purpose of obtaining nonferrous metals. Aggravated
criminal damage ranges from a class 6 felony to a class 3 felony, depending on the amount of
damage and type of property or object damaged (A.R.S. § 13-1604).
A person commits criminal damage by: 1) recklessly defacing or damaging property of
another person; 2) recklessly tampering with property of another person so as substantially to
impair its function or value; 3) recklessly damaging property of a utility; 4) recklessly parking any
vehicle in such a manner as to deprive livestock of access to the only reasonably available water;
5) recklessly drawing or inscribing a message, slogan, sign or symbol that is made on any public
or private building, structure or surface, except the ground, and that is made without permission
of the owner; or 6) intentionally tampering with utility property. Criminal damage ranges from a
class 2 misdemeanor to a class 4 felony, based on the amount and type of damage (A.R.S.
§ 13-1602).
Utility means any enterprise, public or private, that provides gas, electric, irrigation, steam,
water, water conservation, sewer or communications services, as well as any common carrier on
land, rail, sea or air (A.R.S. § 13-1601).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Classifies interfering with or preventing the performance of a normal function of any utility
infrastructure or property, or the intended course or path of any utility service, as aggravated
criminal damage. FACT SHEET
H.B. 2212
Page 2
2. Adds the cost of the loss of a utility service to the list of damages when determining the amount
of damage to a property.
3. Becomes effective on the general effective date.
House Action
JUD 1/25/23 DP 5-3-0-0
3
rd
Read 2/21/23 36-24-0
Prepared by Senate Research
March 7, 2023
ZD/KS/sr