Assigned to JUD FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
FACT SHEET FOR S.B. 1009
criminal damage; monuments; memorials; statues
Purpose
Classifies defacing, damaging, or tampering with a public or private monument, memorial
or statue 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).
A person commits abuse of venerated objects by intentionally: 1) desecrating any public
monument, memorial or property of a public park; or 2) altering, burning, casting contempt upon,
or mutilating a flag within public view, or by printing a flag on any article of merchandise. Abuse
of venerated objects is a class 2 misdemeanor (A.R.S. § 13-3703)
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Classifies defacing, damaging, or tampering with a public or private monument, memorial or
statue as aggravated criminal damage. FACT SHEET
S.B. 1009
Page 2
2. Makes technical and conforming changes.
3. Becomes effective on the general effective date.
Prepared by Senate Research
January 17, 2023
ZD/KS/sr