Arizona Makes Hazing A Crime

Timothy M. Burke, Fraternal Law Partners, tburke@manleyburke.com

As of September 24, 2022, the state of Arizona now has criminalized hazing and the planning or organizing of hazing.^[1] Also known as Jack’s Law, the enactment memorializes Jack Culolias, who drowned while heavily intoxicated following an alleged fraternity hazing event in 2012.

The new Arizona law defines hazing as being, “for the purpose of pre-initiation activities, pledging, initiation, holding office” and so on; forcing “a minor or a student to engage in or endure” activities such as sexual humiliation; conduct which causes severe mental distress; the consumption of any food, non-alcoholic liquid, alcoholic liquid, drugs, or other substance that poses a substantial risk of death, physical injury, or emotional harm; confinement in a small space or significant sleep deprivation; and physical brutality including paddling, branding, and electric shock. 

Under Arizona’s law, a person who transported the minor or student that was experiencing a significant medical emergency as a result of hazing, or who reports the medical emergency to 911 and fully cooperates with law enforcement, may not be charged with hazing.

As with laws in many other states, it makes it clear that a victim’s consent to be hazed is no defense.

Until the final paragraph, the law does not mention fraternity or sorority, and instead refers to an “organization.” But in the final paragraph, it defines organization to mean “any official fraternity, sorority, association, corporation, order, society, corps, cooperative, club, service group, social group, band, spirit group, athletic team, or similar group, whose members are primarily students at, or former students of, a high school or post-secondary institution.”^[2]

The law declares hazing to be a Class 1 misdemeanor, which carries with it up to six-months incarceration, a $2500 fine, and three (3) years of probation.  If the hazing results in a person’s death, it is a Class 4 felony, which includes up to 3.75-years incarceration a, $150,000 fine, and four (4) years of probation.

Merely helping to plan or organize hazing is also made a crime.  That includes agreeing with one or more person(s) that at least one of them will engage in hazing and one takes a step to do so, and intentionally or knowingly doing anything that “is any step in a course of conduct planned to culminate in committing hazing.”^[3]

An individual may not be charged if they renounce the intent to go forward with the hazing or “takes active steps to thwart the planned hazing from occurring.”^[4]

A violation of the crime of hazing planning or organizing is a Class 2 misdemeanor, which subjects the guilty party to up to four (4) months of incarceration, a $750 fine, and two (2) years of probation.

Hawaii, Montana, South Dakota, Wyoming, New Mexico, and Alaska are the only states that still do not make hazing a crime.

[1] Ariz. Rev. Stat. § 13-1215.

[2] Ariz. Rev. Stat. § 13-1215(G).

[3] Ariz. Rev. Stat. § 13-1216.

[4] Id.