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In re Ryan A.2/12/2002
AFFIRMED
We consider three issues for the first time: (1) whether a juvenile can be guilty of threatening or intimidating, in violation of Arizona Revised Statutes ("A.R.S.") § 13-1202(A)(1) (2001), when the intended victim was not in fact scared and did not feel threatened; (2) whether both parents of a minor victim can receive restitution for the same event; and (3) whether restitution under A.R.S. § 8-344 (Supp. 2001) can include economic losses such as lost annual leave or vacation time.
For the reasons set forth below, we affirm the trial court's adjudication and restitution award.
Factual and Procedural Background
On March 24, 2000 around 9:00 p.m., a Blazer or Jeep-like vehicle passed slowly in front of the home of Shelley D. and her son Brandon. Shelley looked out the window and heard a male voice scream out a vulgar threat of death. Brandon was in his room. He did not hear the threat, but his mother told him of it. Although he was upset by his mother's reaction to the threat, Brandon was not personally scared nor did he feel threatened. His mother called the police.
Shelley, Brandon, and Brandon's father, John, had been victims of several anonymous incidents of harassment since the fall of 1999. The family believed that a former friend of Brandon's, Ryan A., was responsible for both the prior incidents and the threat made outside their home on March 24. The police investigated the incident. They interviewed Ryan and several of Ryan's friends. One of Ryan's friends admitted to the police that he was riding in a car with Ryan, in front of Brandon's home, when Ryan yelled out a threat. The state subsequently brought a petition against Ryan for threatening or intimidating in violation of A.R.S. § 13-1202(A)(1).
The trial court found Ryan to be in violation of § 13-1202(A)(1) for the verbal threat of March 24, 2000. Ryan was placed on probation, with terms including community service, anger management, and restitution. The court also determined that Shelley and John were entitled to restitution for three hours missed from their employment in order to attend the disposition hearing. The total restitution award was $336 for both parents.
Ryan appealed. We have jurisdiction pursuant to A.R.S. §§ 12-120.21 (1992) and 8-235(A) (Supp. 2000).
Discussion
1. Threatening or Intimidating.
The juvenile contends that because the victim was not in fact scared or threatened by Ryan's statement, he could not be guilty of threatening or intimidating as a matter of law. We review questions of law de novo. Brink Elec. Constr. Co. v. Arizona Dep't of Revenue, 184 Ariz. 354, 358, 909 P.2d 421, 425 (App. 1995). The juvenile also asserts that there is an insufficient factual basis to support the adjudication of the trial court. We review the facts to determine whether they substantially support the judgment. State v. Sanders, 118 Ariz. 192, 196, 575 P.2d 822, 826 (App. 1978).
The 1994 version of § 13-1202(A)(1), applicable both now and at the time of this incident, provides as follows:
A person commits threatening or intimidating if such person threatens or intimidates by word or conduct:
To cause physical injury to another person or serious damage to the property of another. A.R.S. § 13-1202(A)(1).
Earlier versions of this statute provided that the statement or conduct be spoken or done with the "intent to terrify." 1978 Ariz. Sess. Laws, ch. 201, § 128. The 1994 version applicable here deletes that passage. In view of the lack of any explicit intent requirement on the part of an alleged perpetrator, this court r
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