SB1268 - 481R - House Bill Summary

House of Representatives

SB 1268

sex trafficking; child prostitution

Sponsor: Senator Gray, C.

DPA	Committee on Natural Resources and Public Safety
W/D	Committee on Judiciary
DPA	Caucus and COW
X	House Engrossed

SB 1268 expands the offenses of sex trafficking and child prostitution. The bill contains an emergency clause.

History

The offense of sex trafficking makes it unlawful for a person to knowingly recruit, entice, harbor, transport, provide or obtain by any means another person with the intent of causing the other person to engage in prostitution by force, fraud or coercion. A violation is a Class 2 felony, punishable as a dangerous crime against children (A.R.S. § 13-604.01) if the victim is under the age of 15.

Prostitution is defined as engaging in or agreeing or offering to engage in sexual conduct with another person under a fee arrangement with that person or any other person. (A.R.S. § 13-3211)

The offense of child prostitution consists of a person who knowingly:

- Causes any minor to engage in prostitution.

- Uses any minor for purposes of prostitution.

- Permits a minor under a person’s custody or control to engage in prostitution.

- Receives any benefit for or on account of procuring or placing a minor in any place or in the charge or custody of any person for the purpose of prostitution.

- Receives any benefit pursuant to an agreement to participate in the proceeds of prostitution of a minor.

- Finances, manages, supervises, controls or owns, either alone or in association with others, prostitution activity involving a minor.

- Transports or finances the transportation of any minor through or across this state with the intent that such minor engage in prostitution.

A violation is a Class 2 felony, and if the minor is under 15 years of age, it is punishable as a dangerous crime against children. (A.R.S. § 13-3212)

Provisions

Penalties

· Makes it a Class 2 felony for a person to recruit, entice, harbor, transport, provide or obtain by any means another person under 18 years old with the intent of causing the other person to engage in prostitution.

· Requires the sentence for sex trafficking of a minor or child prostitution involving a minor who is 15, 16 or 17 years of age to be consecutive to any other sentence imposed on a person.

· Requires a person convicted of engaging in child prostitution with a minor who is 15, 16 or 17 years of age to serve at least 30 days in jail if the person is sentenced to probation. Provides that the jail term cannot be deleted, deferred or suspended and must commence on the date of sentencing. Exempts a person sentenced to the Arizona Department of Corrections.

· Makes engaging in prostitution with a minor a Class 3 felony if the other person is a police officer.

· Provides an enhanced sentence for specific child prostitution offenses.

Defenses

· Amends the current defense for child prostitution as follows:

Makes it applicable only to a person who engages in prostitution with a minor.

Strikes language that allows the defense to apply if the defendant did not know the age of the minor.

Miscellaneous

· Modifies the definition of prostitution.

· Expands the offense of child prostitution to include knowingly engaging in prostitution with a minor.

· Strikes the requirement that transporting or financing the transportation of any minor for prostitution be done through or across the state.

· Expands the definition of a serious offense in A.R.S. § 13-604 to include child prostitution.

· Makes technical and conforming changes.

· Contains an emergency clause.

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Forty-eighth Legislature