State SealARIZONA HOUSE OF REPRESENTATIVES

 

HB 2053: S/E sexual extortion

PRIME SPONSOR: Representative Syms, LD 28

BILL STATUS: Judiciary & Public Safety

 

Legend: DCAC-dangerous crime against children Amendments – BOLD and Stricken (Committee)

Abstract

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRelating to sexual extortion.

Provisions

1.       Establishes the offense of sexual extortion if a person knowingly communicates a threat intending to coerce another person to engage in specified sexual acts. (Sec 2)

2.       Makes the offense a Class 3 felony (3 ˝ years/up to $150,000 plus surcharges).  (Sec 2)

3.       Provides a higher penalty if the victim is under 15 years old:

a.       Makes the offense a Class 2 felony. (Sec 2)

b.       Allows the offense to be designated as a DCAC for sentencing enhancement purposes (10 years/up to $150,000 plus surcharges). (Sec 1-2)

c.        Requires the person to register as a sex offender. (Sec 3)

4.       Defines communicating a threat. (Sec 2)

5.       Makes a technical change. (Sec 3)

Current Law

A.R.S. § 13-705 outlines specific offenses that if committed against a person under 15, are considered DCACs.  If the prosecutor alleges that the offense meets these criteria and the allegation is proven, the defendant receives an enhanced sentence as outlined in the statute.

A.R.S. Title 13, Ch. 38, Article 3 governs the registration and monitoring of sex offenders. A.R.S. § 13-3821 outlines which offenses require a person to register as a sex offender. Sex offender registration is a lifetime duty in Arizona, except in specific situations.

 

Sexual contact and sexual intercourse are defined in A.R.S. § 13-1401.

 

 

 

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Fifty-third Legislature                  HB 2053

Second Regular Session                               Version 1: Judiciary & Public Safety

 

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