Phoenix Copwatch
Home | Contact

  To: lpaz-discuss@yahoogroups.com From: "Terry" <***********@***********.***> Date: Sun, 03 Apr 2005 23:55:23 -0700 Subject: Re: [lpaz-discuss] Re: 13-1213. Aiming a laser pointer at a peace officer; - damn didnt even know

Bennett Samuel Kalafut wrote:

>The classification of police as a separate class for purposes of laser
>mischief, however, seems to be shortsighted.
>
>

This isn't the only place in the Arizona Revised Statutes where 'peace officers' and other government officials are given preferential consideration. ARS 13-2401 makes it a class 5 felony to post personal information on the web regarding peace officers, justices, judges, commissioners, public defenders or prosecutors if it poses an imminent and serious threat to them and if the threat was reasonably apparent to the poster:

Original Article

These statutes appear to be a violation of the Equal privileges and immunities clause of the State Constitution because they only apply to a
small subset of the citizenry as opposed to everyone:

"13. Equal privileges and immunities_ _

_ _

Section 13. No law shall be enacted granting to any citizen, class of citizens, or corporation other than municipal,privileges or immunities which, upon the same terms, shall not equally belong to all citizens or corporations."

Anyone know if there have ever been any challenges to either the laser or personal information statutes?

Terry