ARIZONA HOUSE OF REPRESENTATIVES

HB2244: dangerous crimes; children; fictitious age
PRIME SPONSOR: Representative Farnsworth E, LD 12 BILL STATUS: Caucus & COW                 JPS: DP 9-0-0-0

Abstract

Relating to sentencing for DCAC offenses.

Provisions

1. States that it is not a defense to a DCAC allegation that the minor victim is:

a. Fictitious;

b. An adult;

c. A peace officer posing as a minor; or

d. Older than the defendant believed, knew or had reason to know. (Sec 1)

2. Provides that this change does not impact any requirement related to the defendant's knowledge of the victim's age as included in the underlying offense. (Sec 1)

3. Expands the definition of a DCAC to include any of the specified offenses committed against a person posing as a minor under 15. (Sec 1)

4. Makes conforming changes. (Secs 1-4)

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.

Additional Information

In October 2017, the Arizona Supreme Court issued an opinion in the case of Wright v Gates (Wright v. Gates, 240 Ariz. 525, 382 P.3d 83, 2016 Ariz). Wright was convicted on two counts of solicitation to commit molestation of a child after speaking with a woman about committing sexual acts with her children. She was a postal inspector and the children did not exist.  His sentence included a DCAC enhancement.  On petition, Wright challenged the DCAC enhancement because the victim was not under 15 years of age. The Arizona Supreme Court agreed, stating:

"Consistent with the text of A.R.S. § 13-705(P)(1), which defines a DCAC offense as one that is “committed against a minor who is under fifteen years of age,” we hold that enhanced DCAC sentencing does not apply when a defendant commits a crime against a fictitious child."

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Fifty-third Legislature                  HB 2244

Second Regular Session                               Version 2: Caucus & COW

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