------------------------
Senate Engrossed
------------------------
State of Arizona
Senate
Forty-sixth
Legislature
Second Regular Session
2004
------------------------
SENATE BILL 1081
------------------------
AN ACT
AMENDING SECTION 13-2301, ARIZONA REVISED STATUTES; RELATING TO ANIMAL AND
ECOLOGICAL TERRORISM.
(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:
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 at the time 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 ANY ACTIVITY THAT INVOLVES THE USE OF ANIMALS OR
ANIMAL PARTS, INCLUDING HUNTING, FISHING, TRAPPING, TRAVELING, CAMPING, PRODUCTION,
PREPARATION OR PROCESSING OF FOOD OR FOOD PRODUCTS, CLOTHING OR GARMENT MANUFACTURING,
MEDICAL OR OTHER RESEARCH, ENTERTAINMENT, RECREATION, AGRICULTURE, BIOTECHNOLOGY OR ANY
OTHER SERVICE INVOLVING THE USE OF ANIMALS.
2. “ANIMAL FACILITY” INCLUDES A VEHICLE, BUILDING, STRUCTURE, RESEARCH
FACILITY, NATURE PRESERVE OR OTHER PREMISES WHERE AN ANIMAL IS LAWFULLY KEPT, HANDLED,
HOUSED, EXHIBITED, BRED OR OFFERED FOR SALE, INCLUDING A ZOO, RODEO, CIRCUS, AMUSEMENT
PARK, HUNTING PRESERVE AND HORSE AND DOG EVENT.
3. “ANIMAL OR ECOLOGICAL TERRORISM” MEANS ANY FELONY, INCLUDING ANY COMPLETED
OR PREPARATORY OFFENSE, THAT INVOLVES CRIMINAL DAMAGE, THE USE OF A DEADLY WEAPON OR
DANGEROUS INSTRUMENT OR THE INTENTIONAL, KNOWING OR RECKLESS INFLICTION OF SERIOUS
PHYSICAL INJURY WITH THE INTENT TO OBSTRUCT, IMPEDE OR DETER ANY PERSON FROM
PARTICIPATING IN A LAWFUL ANIMAL ACTIVITY, FROM MINING, FORESTING, HARVESTING, GATHERING
OR PROCESSING NATURAL RESOURCES OR FROM BEING LAWFULLY PRESENT IN OR ON AN ANIMAL
FACILITY OR RESEARCH FACILITY.
1. 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.
2. 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.
3. 6. “Communication service provider” has the same meaning prescribed
in section 13-3001.
4. 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.
5. 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.
6. 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.
7. 10. “Public establishment” means a structure that is owned, leased or
operated by this state or a political subdivision of this state or a health care
institution as defined in section 36-401.
11. “RESEARCH FACILITY” MEANS A PLACE, 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 OR OTHER ECOLOGICAL ORGANISMS IS LAWFULLY CARRIED OUT, CONDUCTED OR ATTEMPTED.
8. 12. “Terrorism” 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 either:
(a) Influence the policy or affect the conduct of this state or any of the
political subdivisions, agencies or instrumentalities of this state.
(b) 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.
9. 13. “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
substance.
10. 14. “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.
11. 15. “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, poisonous chemical,
or its precursor, or any vector.
(b) Except as authorized and used in accordance with a license, registration or
exemption by the radiation regulatory agency 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 permit 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 any business under the jurisdiction of the state
banking department or 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 103.11 or a business under the jurisdiction of the securities
division of the corporation commission, the state real estate department or the
department of insurance.
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 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, but not limited to, 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.
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 permits 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.