ARIZONA HOUSE OF REPRESENTATIVES

HCR2009: obscenity; sex trafficking; minors; protection

PRIME SPONSOR: Representative Thorpe, LD 6

BILL STATUS: House Engrossed

Abstract

Relating to minors and trafficking.

Provisions

1. Urges the state and all political subdivisions to:

a. Curtail access by minors to online and off-line obscenity and pornography.

b. Increase law enforcement efforts to protect minors against human trafficking, sex trafficking and prostitution.

2. Directs the SOS to transmit a copy of the resolution to the Governor and the governing bodies of all political subdivisions.

Current Law

A person commits child sex trafficking by knowingly: 1) causing any minor to engage in prostitution, 2) using any minor for the purposes of prostitution, 3) permitting a minor who is under the person's custody or control to engage in prostitution, 4) receiving 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, 5) receiving any benefit pursuant to an agreement to participate in the proceeds of prostitution of a minor, 6) financing, managing, supervising, controlling or owning, either alone or in association with others, prostitution involving a minor, 7) transporting or financing the transportation of any minor with the intent that the minor engage in prostitution, 8) providing a means by which a minor engages in prostitution, 9) enticing, recruiting, harboring, providing, transporting, making available to another or otherwise obtaining a minor with the intent to cause the minor to engage in prostitution or any sexually explicit performance, 10) enticing, recruiting, harboring, providing, transporting, making available to another or otherwise obtaining a minor with the knowledge that the minor will engage in prostitution or any sexually explicit performance (A.R.S. §13-3212).

A person who is at least 18 years of age commits child sex trafficking by knowingly: 1) engaging in prostitution with a minor who is under 15 years of age, 2) engaging in prostitution with a minor who the person knows or should have known is 15, 16, or 17 years of age, 3) engaging in prostitution with a minor who is 15, 16 or 17 years of age (A.R.S. §13-3212). A person who takes away a minor from the minor's father, mother, guardian or person having legal custody of the minor, for the purpose of prostitution, is guilty of a Class 4 felony.  If the minor is under 15 years of age they are guilty of a Class 2 felony (A.R.S. §13-3206).

The human trafficking victim assistance fund is established consisting of monies to provide assistance to victims of sex trafficking, child sex trafficking and trafficking of persons for forced labor or services. The Director must administer the fund and the Governor's office for children, youth and families must establish program priorities for the fund. Money in the fund does not revert to the state GF (A.R.S. §41-114).

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Fifty-third Legislature                  HCR 2009

Second Regular Session                               Version 3: House Engrossed

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