Casey Brandon Sibley v. Arizona

Casey Brandon Sibley was charged and convicted of threatening or intimidating pursuant to ARIZ.REV.STAT. § 13-1202(A)(1). Under ARIZ.REV.STAT. §13-1202(A)(1) [a] person commits threatening or intimidating if the person threatens or intimidates by word or conduct: 1. To cause physical injury to another person or serious damage to the property of another The prior version of ARIZ.REV.STAT. § 13-1202(A)(1) provided that a person commits threatening or intimidating if such person with the intent to terrify threatens or intimidates by word or conduct ... [t]o cause physical injury to another person or serious damage to property of another. 1978 Ariz. Sess. Laws, ch. 201, § 128 (emphasis added). In 1994, the legislature amended ARIZ.REV.STAT. § 13–1202(A) by deleting the phrase “with the intent to terrify.” 1994 Ariz. Sess. Laws, ch. 200, § 11. Consequently, since the effective date of the 1994 amendment, a person commits threatening or intimidating without proof of the speaker’s subjective wrongful intent.1 1 Nor can a subjective wrongful intent element be read into the statute due to the Arizona Legislatures removal of such