civil terrorism; disorderly conduct; subversion

HB2136 - 572R - H Ver

House Engrossed

civil terrorism;
disorderly conduct; subversion

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HOUSE BILL 2136

AN
ACT

amending section 13-2301, Arizona Revised
Statutes; amending title 13, chapter 23, Arizona Revised Statutes, by adding
sections 13-2308.04 and 13-2308.05; amending section 13-2906, Arizona
Revised Statutes; relating to offenses against public order.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it
enacted by the Legislature of the State of Arizona:

Section 1. Section 13-2301, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-2301.

Definitions

A. For
the purposes of sections 13-2302, 13-2303 and 13-2304:

1. "Collect an extension of credit" means
to induce in any way any person to make repayment of that extension.

2. "Creditor"
means any person making an extension of credit or any person claiming by, under
or through any person making an extension of credit.

3. "Debtor"
means any person to whom an extension of credit is made or any person who
guarantees the repayment of an extension of credit, or in any manner undertakes
to indemnify the creditor against loss resulting from the failure of any person
to whom an extension is made to repay the extension.

4. "Extend
credit" means to make or renew any loan or to enter into any agreement,
tacit or express, whereby the repayment or satisfaction of any debt or claim,
whether acknowledged or disputed, valid or invalid, and however arising, may or
shall be deferred.

5. "Extortionate extension of credit"
means any extension of credit with respect to which it is the understanding of
the creditor and the debtor when the extension is made that delay in making
repayment or failure to make repayment could result in the use of violence or
other criminal means to cause harm to the person or the reputation or property
of any person.

6. "Extortionate
means" means the use, or an express or implicit threat of use, of violence
or other criminal means to cause harm to the person or the reputation or
property of any person.

7. "Repayment of any extension of credit"
means the repayment, satisfaction or discharge in whole or in part of any debt
or claim, acknowledged or disputed, valid or invalid, resulting from or in
connection with that extension of credit.

B. For the purposes of section 13-2305, 13-2306
or 13-2307:

1. "Dealer in property" means a person who
buys and sells property as a business.

2. "Stolen property" means property of
another as defined in section 13-1801 that has been the subject of any
unlawful taking.

3. "Traffic" means to sell, transfer,
distribute, dispense or otherwise dispose of stolen property to another person,
or to buy, receive, possess or obtain control of stolen property, with the
intent to sell, transfer, distribute, dispense or otherwise dispose of the
property to another person.

C. For the purposes of
this chapter:

1. "Animal
activity" means a commercial enterprise that uses animals for food,
clothing or fiber production, agriculture or biotechnology.

2. "Animal
facility" means a building or premises where a commercial activity in
which the use of animals is essential takes place, including a zoo, rodeo,
circus, amusement park, hunting preserve and horse and dog event.

3. "Animal or ecological terrorism" means
any felony in violation of section 13-2312, subsection B that involves at
least three persons acting in concert, that involves the intentional or knowing
infliction of property damage in an amount of more than $10,000 to the property
that is used by a person for the operation of a lawfully conducted animal
activity or to a commercial enterprise that is engaged in a lawfully operated
animal facility or research facility and that involves either:

(a) The
use of a deadly weapon or dangerous instrument.

(b) The
intentional or knowing infliction of serious physical injury on a person
engaged in a lawfully conducted animal activity or participating in a lawfully
conducted animal facility or research facility.

4. "Biological
agent" means any microorganism, virus, infectious substance or biological
product that may be engineered through biotechnology or any naturally occurring
or bioengineered component of any microorganism, virus, infectious substance or
biological product and that is capable of causing any of the following:

(a) Death,
disease or physical injury in a human, animal, plant or other living organism.

(b) The
deterioration or contamination of air, food, water, equipment, supplies or
material of any kind.

5. "Combination"
means persons who collaborate in carrying on or furthering the activities or
purposes of a criminal syndicate even though such persons may not know each
other's identity, membership in the combination changes from time to time or
one or more members may stand in a wholesaler-retailer or other arm's
length relationship with others as to activities or dealings between or among
themselves in an illicit operation.

6. "Communication
service provider" has the same meaning prescribed in section 13-3001.

7. "Criminal syndicate" means any
combination of persons or enterprises engaging, or having the purpose of
engaging, on a continuing basis in conduct that violates any one or more
provisions of any felony statute of this state.

8. "Explosive
agent" means an explosive as defined in section 13-3101 and
flammable fuels or fire accelerants in amounts over fifty gallons but excludes:

(a) Fireworks as
defined in section 36-1601.

(b) Firearms.

(c) A
propellant actuated device or propellant actuated industrial tool.

(d) A
device that is commercially manufactured primarily for the purpose of illumination.

(e) A
rocket having a propellant charge of less than four ounces.

9. "Material support or resources"
includes money or other financial securities, financial services, lodging,
sustenance, training, safehouses, false documentation or identification,
communications equipment, facilities, weapons, lethal substances, explosives,
personnel, transportation, disguises and other physical assets but does not
include medical assistance, legal assistance or religious materials.

10. "Public establishment" means a
structure, vehicle or craft that is owned, leased or operated by any of the
following:

(a) This state or a political subdivision as defined
in section 38-502.

(b) A public agency as defined in section 38-502.

(c) The federal government.

(d) A health care institution as defined in section
36-401.

(e) A private educational institution.

11. "Research
facility" means a laboratory, institution, medical care facility,
government facility, public or private educational institution or nature
preserve at which a scientific test, experiment or investigation involving the
use of animals is lawfully carried out, conducted or attempted.

12. "Terrorism"
:

(
a
)
Means
any felony, including any completed or preparatory offense, that involves the
use of a deadly weapon or a weapon of mass destruction or the intentional or
knowing infliction of serious physical injury with the intent to do any of the
following:

(a)
(
i
)
Influence the policy or affect the conduct of this
state or any of the political subdivisions, agencies or instrumentalities of
this state.

(b)
(
ii
)
Cause substantial damage to or substantial
interruption of public communications, communication service providers, public
transportation, common carriers, public utilities, public establishments or
other public services.

(c)
(
iii
)
Intimidate or coerce a civilian population.

(d)
(
iv
)
Further the goals, desires, aims, public
pronouncements, manifestos or political objectives of any terrorist
organization.

(
b
) Does not
include civil terrorism.

13. "Terrorist
organization" means any organization that is designated by the United
States department of state as a foreign terrorist organization under section
219 of the immigration and nationality act (8 United States Code section
1189).

14. "Toxin" means the toxic material of
plants, animals, microorganisms, viruses, fungi or infectious substances or a
recombinant molecule, whatever its origin or method of reproduction, including:

(a) Any poisonous substance or biological product
that may be engineered through biotechnology and that is produced by a living
organism.

(b) Any poisonous isomer or biological product,
homolog or derivative of such a substance.

15. "Vector"
means a living organism or molecule, including a recombinant molecule or
biological product that may be engineered through biotechnology, that is
capable of carrying a biological agent or toxin to a host.

16. "Weapon
of mass destruction" means:

(a) Any
device or object that is designed or that the person intends to use to cause
multiple deaths or serious physical injuries through the use of an explosive
agent or the release, dissemination or impact of a toxin, biological agent or
poisonous chemical, or its precursor, or any vector.

(b) Except
as authorized and used in accordance with a license, registration or exemption
by the department of health services pursuant to section 30-672, any
device or object that is designed or that the person intends to use to release
radiation or radioactivity at a level that is dangerous to human life.

D. For
the purposes of sections 13-2312, 13-2313, 13-2314 and 13-2315,
unless the context otherwise requires:

1. "Control",
in relation to an enterprise, means the possession of sufficient means to allow
substantial direction over the affairs of an enterprise and, in relation to
property, means to acquire or possess.

2. "Enterprise"
means any corporation, partnership, association, labor union or other legal
entity or any group of persons associated in fact although not a legal entity.

3. "Financial institution" means a banking
or securities regulatory agency of the United States, a business coming within
the definition of a bank, financial agency or financial institution as
prescribed by 31 United States Code section 5312 or 31 Code of Federal
Regulations section 1010.100 or a business under the jurisdiction of the
securities division of the corporation commission, the state real estate
department or the department of insurance and financial institutions.

4. "Racketeering"
means any act, including any preparatory or completed offense, that is
chargeable or indictable under the laws of the state or country in which the
act occurred and, if the act occurred in a state or country other than this
state, that would be chargeable or indictable under the laws of this state if
the act had occurred in this state, and that would be punishable by
imprisonment for more than one year under the laws of this state and, if the
act occurred in a state or country other than this state, under the laws of the
state or country in which the act occurred, regardless of whether the act is
charged or indicted, and the act involves either:

(a) Terrorism,
animal terrorism or ecological terrorism that results or is intended to result
in a risk of serious physical injury or death.

(b) Any
of the following acts if committed for financial gain:

(i) Homicide.

(ii) Robbery.

(iii) Kidnapping.

(iv) Forgery.

(v) Theft.

(vi) Bribery.

(vii) Gambling.

(viii) Usury.

(ix) Extortion.

(x) Extortionate
extensions of credit.

(xi) Prohibited
drugs, marijuana or other prohibited chemicals or substances.

(xii) Trafficking
in explosives, weapons or stolen property.

(xiii) Participating
in a criminal syndicate.

(xiv) Obstructing
or hindering criminal investigations or prosecutions.

(xv) Asserting
false claims, including false claims asserted through fraud or arson.

(xvi) Intentional
or reckless false statements or publications concerning land for sale or lease
or sale of subdivided lands or sale and mortgaging of unsubdivided lands.

(xvii) Resale
of realty with intent to defraud.

(xviii) Intentional
or reckless fraud in the purchase or sale of securities.

(xix) Intentional
or reckless sale of unregistered securities or real property securities.

(xx) A
scheme or artifice to defraud.

(xxi) Obscenity.

(xxii) Sexual
exploitation of a minor.

(xxiii) Prostitution.

(xxiv) Restraint of trade or commerce in violation
of section 34-252.

(xxv) Terrorism.

(xxvi) Money
laundering.

(xxvii) Obscene or indecent telephone communications
to minors for commercial purposes.

(xxviii) Counterfeiting
marks as proscribed in section 44-1453.

(xxix) Animal
terrorism or ecological terrorism.

(xxx) Smuggling
of human beings.

(xxxi) Child sex trafficking.

(xxxii) Sex
trafficking.

(xxxiii) Trafficking
of persons for forced labor or services.

(xxxiv) Manufacturing,
selling or distributing misbranded drugs in violation of section 13-3406,
subsection A, paragraph 9.

(xxxv) Holding an unauthorized racing meeting as
proscribed in section 5-107.01.

(
c
) CIVIL
TERRORISM.

5. "Records"
means any book, paper, writing, computer program, data, image or information
that is collected, recorded, preserved or maintained in any form of storage
medium.

6. "Remedy racketeering" means to enter a
civil judgment pursuant to this chapter or chapter 39 of this title against
property or a person who is subject to liability, including liability for
injury to the state that is caused by racketeering or by actions in concert
with racketeering.

E. For
the purposes of sections 13-2316, 13-2316.01 and 13-2316.02:

1. "Access"
means to instruct, communicate with, store data in, retrieve data from or
otherwise make use of any resources of a computer, computer system or network.

2. "Access
device" means any card, token, code, account number, electronic serial
number, mobile or personal identification number, password, encryption key,
biometric identifier or other means of account access, including a canceled or
revoked access device, that can be used alone or in conjunction with another
access device to obtain money, goods, services, computer or network access or
any other thing of value or that can be used to initiate a transfer of any
thing of value.

3. "Computer"
means an electronic device that performs logic, arithmetic or memory functions
by the manipulations of electronic or magnetic impulses and includes all input,
output, processing, storage, software or communication facilities that are
connected or related to such a device in a system or network.

4. "Computer contaminant" means any set of
computer instructions that is designed to modify, damage, destroy, record or
transmit information within a computer, computer system or network without the
intent or permission of the owner of the information, computer system or
network. Computer contaminant includes a group of computer
instructions, such as viruses or worms, that is self-replicating or self-propagating
and that is designed to contaminate other computer programs or computer data,
to consume computer resources, to modify, destroy, record or transmit data or
in some other fashion to usurp the normal operation of the computer, computer
system or network.

5. "Computer program" means a series of
instructions or statements, in a form acceptable to a computer, that allow the
functioning of a computer system in a manner designed to provide appropriate
products from the computer system.

6. "Computer software" means a set of
computer programs, procedures and associated documentation concerned with the
operation of a computer system.

7. "Computer
system" means a set of related, connected or unconnected computer
equipment, devices and software, including storage, media and peripheral
devices.

8. "Critical infrastructure resource"
means any computer or communications system or network that is involved in
providing services necessary to ensure or protect the public health, safety or
welfare, including services that are provided by any of the following:

(a) Medical personnel and institutions.

(b) Emergency services agencies.

(c) Public and private utilities, including water,
power, communications and transportation services.

(d) Fire
departments, districts or volunteer organizations.

(e) Law
enforcement agencies.

(f) Financial
institutions.

(g) Public
educational institutions.

(h) Government
agencies.

9. "False
or fraudulent pretense" means the unauthorized use of an access device or
the use of an access device to exceed authorized access.

10. "Financial
instrument" means any check, draft, money order, certificate of deposit,
letter of credit, bill of exchange, credit card or marketable security or any
other written instrument as defined in section 13-2001 that is
transferable for value.

11. "Network"
includes a complex of interconnected computer or communication systems of any
type.

12. "Property"
means financial instruments, information, including electronically produced
data, computer software and programs in either machine or human readable form,
and anything of value, tangible or intangible.

13. "Proprietary or confidential computer
security information" means information about a particular computer,
computer system or network that relates to its access devices, security
practices, methods and systems, architecture, communications facilities,
encryption methods and system vulnerabilities and that is not made available to
the public by its owner or operator.

14. "Services" includes computer time,
data processing, storage functions and all types of communication functions.
END_STATUTE

Sec. 2. Title
13, chapter 23, Arizona Revised Statutes, is amended by adding sections
13-2308.04 and 13-2308.05, to read:

START_STATUTE
13-2308.04.

Civil terrorism; classification

A. A person commits civil TERRORISM
if
all of the following elements are satisfied:

1. the person
intentionally
commits vandalism
or destruction of property,
Imminently threatens to cause unlawful and serious physical injury to
another person or causes unlawful and serious physical injury to another
person.

2. The person acts with the intent to
deprive another person of the other person's rights under the bill of rights or
article II, sections 2, 4, 5, 6 and 21, constitution of Arizona, through fear
that the person will cause the other person unlawful, imminent and serious
physical injury or imminent vandalization or unlawful destruction of the other
person's property if the OTHER person does not act as the person wishes.

3. The person does either of the
following:

(
a
) Intentionally
Uses a deadly weapon in furtherance of the person's objective to compel a broad
class of citizens to act or refrain from acting.

(
b
) intentionally
targets critical infrastructure, public utilities, transportation systems or
government buildings.

B. this section is at all times to be
construed by any trier of law or fact in a manner calculated to maximally
safeguard the rights of the people of this state under the first amendment,
Constitution of the United States, and Article II, sections 2, 4, 5, 6 and 21,
Constitution of Arizona.

C. Civil terrorism is a class 5
felony.
END_STATUTE

START_STATUTE
13-2308.05.

Subversion; classification; definition

A. A person commits subversion if the
person
acts with the intent to deprive another person of
the other person's rights under the Bill of Rights or Article II, sections 2,
4, 5, 6 and 21, Constitution of Arizona, commits an unlawful act with the
intent to
cause serious physical injury to another person
and both of the following
apply:

1.
the person
does either of the following:

(
a
) Intentionally
advances the interests of
an organization
that has been declared a terrorist organization by this state or that
is designated a foreign terrorist organization by the United States department
of state as of the effective date of this section but the legislature, by
concurrent resolution, may remove such state or federal designation for the
purposes of this section only.

(
b
) Intentionally
acts as a foreign government agent as defined in section 13-4006.

2. The person commits one OF THE
FOLLOWING:

(
a
) PLANNING OR
ENGAGING in aCTS INTENDED TO CAUSE SERIOUS PHYSICAL INJURY, DEATH OR
SUBSTANTIAL DESTRUCTION OF GOVERNMENT PROPERTY.

(
b
) ATTEMPTING
TO SEIZE, DAMAGE OR DISABLE CRITICAL GOVERNMENT FACILITIES, PUBLIC
INFRASTRUCTURE OR COMMUNICATION SYSTEMS.

(
c
) using or
planning to USE WEAPONS, EXPLOSIVES OR OTHER DESTRUCTIVE DEVICES.

(
d
) COORDINATing
ACTION WITH OTHERS in which THE UNLAWFUL OBJECTIVE involved VIOLENT
INTERFERENCE WITH GOVERNMENTAL OPERATIONS.

B. this section is at all times to be
construed by any trier of law or fact in a manner calculated to maximally
safeguard the rights of the people of this state under the first amendment,
Constitution of the United States, and Article II, sections 2, 4, 5, 6 and 21,
Constitution of Arizona.

C. Subversion is a class 5 felony.
END_STATUTE

Sec. 3. Section 13-2906, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-2906.

Obstructing a highway or other public thoroughfare;
classification; definition

A. A person commits obstructing a highway or other
public thoroughfare if the person, alone or with other persons, does any of the
following:

1. Having no legal privilege to do so, recklessly
interferes with the passage of any highway or public thoroughfare by creating
an unreasonable inconvenience or hazard.

2. Intentionally activates a pedestrian signal on a
highway or public thoroughfare if the person's reason for activating the signal
is not to cross the highway or public thoroughfare but to do both of the
following:

(a) Stop the passage of traffic on the highway or
public thoroughfare.

(b) Solicit a driver for a donation or business.

3. After receiving a verbal warning to desist,
intentionally interferes with passage on a highway or other public thoroughfare
or entrance into a public forum that results in preventing other persons from
gaining access to a governmental meeting, a governmental hearing or a political
campaign event.

B. Obstructing a highway or other public
thoroughfare under:

1. Subsection A, paragraph 3 of this section is a
class 1 misdemeanor.

2. Subsection A, paragraph 1 of this section is a
class 2 misdemeanor, except that a second or subsequent violation within a
period of twenty-four months is a class 1 misdemeanor.

3. Subsection A, paragraph 2 of this section is a
class 3 misdemeanor.

C. Notwithstanding
subsection B of this section, obstructing a highway or other public
thoroughfare under subsection A, paragraph 1, 2 or 3 of this section is a class
6 felony if the obstruction is COMMITTED by a group comprised of at least three
persons.

C.
D.
For
the purposes of this section, "public forum" has the same meaning
prescribed in section 15-1861.
END_STATUTE

Sec. 4.
Effective date

This act is effective from and after
December 31, 2026.