ARS 13-2308.02: Making a terrorist threat
The complete text of A.R.S. § 13-2308.02 on making a terrorist threat, what the State has to prove, and the sentencing range, with a violation charged as a class 3 felony and exposure reaching up to 8.75 years in prison.
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Penalties for a § 13-2308.02 Conviction
A.R.S. § 13-2308.02 is the Arizona statute on making a terrorist threat. A violation is a class 3 felony, depending on the paragraph charged and what the State can prove. The maximum exposure is 8.75 years in prison.
| Class | Mitigated | Minimum | Presumptive | Maximum | Aggravated |
|---|---|---|---|---|---|
| Class 3 felony | 2 years | 2.5 years | 3.5 years | 7 years | 8.75 years |
Felony ranges are set by A.R.S. § 13-702(D) and apply to a first felony conviction that is not dangerous and not repetitive. A dangerous offense (§ 13-704), a repetitive offense (§ 13-703) or a dangerous crime against children (§ 13-705) carries a longer range, and some carry mandatory prison with no probation. Misdemeanor maximums come from §§ 13-707 and 13-802; surcharges are added on top of every fine.
Full Text of A.R.S. § 13-2308.02
A. It is unlawful for a person to threaten to commit an act of terrorism and communicate the threat to any other person.
B. It is unlawful for a person to knowingly make a false report of an act of terrorism and communicate the false report to any other person.
C. It is not a defense to a prosecution under this section that the person did not have the intent or capability of committing the act of terrorism.
D. A person who is convicted of a violation of this section is liable for the expenses that are incurred incident to the response to or the investigation of the commission of the terrorist threat or the false report of terrorism. If the person is a juvenile who is adjudicated delinquent for a violation of this section, the court may order the juvenile to pay the expenses incurred under this subsection as restitution. The expenses are a debt of the person. The public agency, for-profit entity or not-for-profit entity that incurred the expenses may collect the debt proportionally. The liability that is imposed under this subsection is in addition to any other liability that may be imposed.
E. A violation of this section is a class 3 felony.
F. For the purposes of this section:
1. “Expenses”:
(a) Means any reasonable costs that are directly incurred by a public agency, for-profit entity or not-for-profit entity that makes an appropriate response to an incident or an investigation of the commission of the terrorist threat or a false report of terrorism.
(b) Includes the costs of providing police, firefighting, rescue and emergency medical services at the scene of an incident and the salaries of the persons who respond to the incident.
(c) Does not include any charges that are assessed by an ambulance service that is regulated pursuant to title 36, chapter 21.1, article 2.
2. “Public agency” has the same meaning prescribed in section 38-502 and includes the federal government, any Arizona federally recognized Native American tribe or any other public authority that is located in whole or in part in this state.
Source: Arizona Revised Statutes § 13-2308.02, Arizona Legislative Council revision of 09/19/25. Read the official text on azleg.gov. Statutes change; verify the current version before relying on it.
Related Statutes in Chapter 23 — Organized Crime, Fraud And Terrorism
- A.R.S. § 13-2308 — Participating in or assisting a criminal syndicate
- A.R.S. § 13-2308.01 — Terrorism
- A.R.S. § 13-2308.03 — Unlawful use of infectious biological substance or radiological agent
- A.R.S. § 13-2307 — Trafficking in stolen property
- A.R.S. § 13-2309 — Bribery of participants in professional or amateur games, sports, horse races, dog races, contests
- A.R.S. § 13-2306 — Possession of altered property
- A.R.S. § 13-2310 — Fraudulent schemes and artifices
- A.R.S. § 13-2311 — Fraudulent schemes and practices
How Tamou Law Group Defends § 13-2308.02 Cases
A § 13-2308.02 case is decided by the paragraph the State charged, not by the statute as a whole. We start with the charging document and the disclosure, identify which subsection the prosecutor has to prove, and test whether the evidence actually reaches every element of it. Where the class turns on a fact such as value, an alleged injury, a prior conviction or the identity of the person involved, that fact is frequently the difference between a class 3 felony and something far less serious, and it is where these cases are won.
We handle making a terrorist threat cases across Maricopa County and statewide, from our Scottsdale and Phoenix offices. Call 623-321-4699 any time, or read the statute in full above before you speak to anyone about the case.
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Frequently Asked Questions
What is A.R.S. § 13-2308.02?
A.R.S. § 13-2308.02 is the Arizona statute on making a terrorist threat. A violation is a class 3 felony, and which class applies depends on the paragraph charged and the facts the State can prove.
Is a violation of § 13-2308.02 a felony in Arizona?
Yes. Under the statute a violation is a class 3 felony, so the exposure reaches up to 8.75 years in prison. The paragraph charged and the facts decide which class applies.
What is the sentence for a class 3 felony in Arizona?
For a first felony conviction that is not dangerous or repetitive, A.R.S. 13-702(D) sets a class 3 felony at 2 years to 8.75 years, with a presumptive term of 3.5 years. Dangerous, repetitive and dangerous-crimes-against-children sentencing under 13-703, 13-704 and 13-705 runs longer.
Where can I read the official text of § 13-2308.02?
The Arizona Legislature publishes it at azleg.gov, in the revision dated 09/19/25. The complete text is reproduced on this page, and every Arizona criminal statute is searchable on our Arizona Criminal Code index.
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