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REFERENCE TITLE: child abuse by torture; offense |
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State of Arizona Senate Fifty-first Legislature Second Regular Session 2014
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SB 1375 |
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Introduced by Senators Hobbs, Dalessandro, Gallardo; Representative Cardenas: Senators Ableser, Begay, Farley, Tovar; Representatives Alston, Gabaldón, Steele
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AN ACT
amending title 13, chapter 36, Arizona Revised Statutes, by adding section 13-3626; relating to family offenses.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 36, Arizona Revised Statutes, is amended by adding section 13-3626, to read:
13-3626. Child abuse by torture; classification; definitions
A. A person commits child abuse by torture if the person has the care, custody or control of a child and, without justification, the person intentionally or knowingly does any of the following:
1. Causes a child to suffer repetitive or prolonged physical abuse.
2. Physically restrains or confines a child and the restraint or confinement either is for a prolonged period of time or causes the child to be deprived of reasonable necessities.
3. Burns any portion of a child's body.
4. Causes a child unreasonable physical pain or suffering.
5. Causes a child serious mental harm or suffering.
B. Child abuse by torture is a class 4 felony. A person who is sentenced pursuant to subsection A, paragraph 1, 2 or 3 of this section is not eligible for suspension of sentence, probation, pardon, commutation of sentence or release from confinement on any basis except as authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served or the person is eligible for release pursuant to section 41‑1604.07.
C. For the purposes of this section:
1. "Abuse" has the same meaning prescribed in section 8-201.
2. "Child" means an individual who is under eighteen years of age.
3. "Serious mental harm or suffering" means an injury to a child's mental condition or welfare that is not necessarily permanent but that results in an identifiable and substantial impairment of a child's intellectual or psychological functioning or development as diagnosed by a licensed behavioral health professional.