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REFERENCE TITLE: child sex trafficking; offense; penalty |
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State of Arizona Senate Fifty-fourth Legislature Second Regular Session 2020
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SB 1675 |
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Introduced by Senator Farnsworth D
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AN ACT
amending sections 13‑1105 and 13‑3212, Arizona Revised Statutes; relating to child sex trafficking.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-1105, Arizona Revised Statutes, is amended to read:
13-1105. First degree murder; classification
A. A person commits first degree murder if:
1. Intending or knowing that the person's conduct will cause death, the person causes the death of another person, including an unborn child, with premeditation or, as a result of causing the death of another person with premeditation, causes the death of an unborn child.
2. Acting either alone or with one or more other persons the person commits or attempts to commit sexual conduct with a minor under section 13‑1405, sexual assault under section 13‑1406, molestation of a child under section 13‑1410, terrorism under section 13‑2308.01, marijuana offenses under section 13‑3405, subsection A, paragraph 4, dangerous drug offenses under section 13‑3407, subsection A, paragraphs 4 and 7, narcotics offenses under section 13‑3408, subsection A, paragraph 7 that equal or exceed the statutory threshold amount for each offense or combination of offenses, involving or using minors in drug offenses under section 13‑3409, drive by shooting under section 13-1209, kidnapping under section 13‑1304, burglary under section 13‑1506, 13‑1507 or 13‑1508, arson under section 13‑1703 or 13‑1704, robbery under section 13‑1902, 13‑1903 or 13‑1904, escape under section 13‑2503 or 13‑2504, child abuse under section 13‑3623, subsection A, paragraph 1, child sex trafficking under section 13‑3212 or unlawful flight from a pursuing law enforcement vehicle under section 28‑622.01 and, in the course of and in furtherance of the offense or immediate flight from the offense, the person or another person causes the death of any person.
3. Intending or knowing that the person's conduct will cause death to a law enforcement officer, the person causes the death of a law enforcement officer who is in the line of duty.
B. Homicide, as prescribed in subsection A, paragraph 2 of this section, requires no specific mental state other than what is required for the commission of any of the enumerated felonies.
C. An offense under subsection A, paragraph 1 of this section applies to an unborn child in the womb at any stage of its development. A person shall not be prosecuted under subsection A, paragraph 1 of this section if any of the following applies:
1. The person was performing an abortion for which the consent of the pregnant woman, or a person authorized by law to act on the pregnant woman's behalf, has been obtained or for which the consent was implied or authorized by law.
2. The person was performing medical treatment on the pregnant woman or the pregnant woman's unborn child.
3. The person was the unborn child's mother.
D. First degree murder is a class 1 felony and is punishable by death or life imprisonment as provided by sections 13-751 and 13‑752.
Sec. 2. Section 13-3212, Arizona Revised Statutes, is amended to read:
13-3212. Child sex trafficking; classification; increased punishment; reward for information; definition
A. 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 activity 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.
11. Failing to report an alleged violation of this section to a peace officer.
B. A person who is at least eighteen years of age commits child sex trafficking by knowingly:
1. Engaging in prostitution with a minor who is under fifteen years of age.
2. Engaging in prostitution with a minor who the person knows or should have known is fifteen, sixteen or seventeen years of age.
3. Engaging in prostitution with a minor who is fifteen, sixteen or seventeen years of age.
C. It is not a defense to a prosecution under subsection A and subsection B, paragraphs 1 and 2 of this section that the other person is a peace officer posing as a minor or a person assisting a peace officer posing as a minor.
D. Notwithstanding any other law, a sentence imposed on a person for any of the following shall be consecutive to any other sentence imposed on the person at any time:
1. A violation of subsection A or subsection B, paragraph 2 of this section involving a minor who is fifteen, sixteen or seventeen years of age.
2. A violation of subsection A, paragraph 9 or 10 of this section.
E. Child sex trafficking pursuant to subsection A, paragraph 1, 2, 3, 4, 5, 6, 7, 8, 9 or 10 of this section is a class 2 felony if the minor is under fifteen years of age and is punishable pursuant to section 13‑705. Child sex trafficking pursuant to subsection A, paragraph 11 of this section is a class 1 misdemeanor.
F. Child sex trafficking pursuant to subsection B, paragraph 1 of this section is a class 2 felony and is punishable pursuant to section 13‑705.
G. If the minor is fifteen, sixteen or seventeen years of age, child sex trafficking pursuant to subsection A, paragraph 1, 2, 3, 4, 5, 6, 7 or 8 of this section is a class 2 felony, the person convicted shall be sentenced pursuant to this section and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31‑233, subsection A or B until the sentence imposed by the court has been served or commuted. The presumptive term may be aggravated or mitigated within the range under this section pursuant to section 13‑701, subsections C, D and E. The terms are as follows:
1. The term for a first offense is as follows:
Minimum Presumptive Maximum
10 years 13.5 years 24 years
2. The term for a defendant who has one historical prior felony conviction is as follows:
Minimum Presumptive Maximum
17 years 24 years 31 years
3. The term for a defendant who has two or more historical prior felony convictions is as follows:
Minimum Presumptive Maximum
24 years 31 years 38 years
H. If the minor is fifteen, sixteen or seventeen years of age, child sex trafficking pursuant to subsection A, paragraph 9 or 10 of this section is a class 2 felony.
I. If the minor is fifteen, sixteen or seventeen years of age, child sex trafficking pursuant to subsection B, paragraph 2 of this section is a class 2 felony, the person convicted shall be sentenced pursuant to this section and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31‑233, subsection A or B until the sentence imposed by the court has been served or commuted. The presumptive term may be aggravated or mitigated within the range under this section pursuant to section 13‑701, subsections C, D and E. The terms are as follows:
1. The term for a first offense is as follows:
Minimum Presumptive Maximum
7 years 10.5 years 21 years
2. The term for a defendant who has one historical prior felony conviction is as follows:
Minimum Presumptive Maximum
14 years 15.75 years 28 years
3. The term for a defendant who has two or more historical prior felony convictions is as follows:
Minimum Presumptive Maximum
21 years 28 years 35 years
J. Child sex trafficking pursuant to subsection B, paragraph 3 of this section is a class 6 felony. If the court sentences the person to a term of probation, the court shall order that as an initial term of probation the person be imprisoned in the county jail for not less than one hundred eighty consecutive days. This jail term shall commence on the date of sentencing. The court may suspend ninety days of the jail sentence if the person has not previously been convicted of a violation of this section, a violation of section 13‑3214 or a violation of any city or town ordinance that prohibits prostitution and that has the same or substantially similar elements as section 13‑3214 and the person successfully completes an appropriate court ordered education or treatment program.
K. This section does not preclude the state from alleging and proving any other sentencing enhancements as provided by law.
L. This state shall pay a reward of $10,000 to any person who provides information to a peace officer that leads to the arrest and conviction of a person for a violation of this section.
M. This state shall not dismiss a charge alleging a violation of this section unless there is an insufficient legal or factual basis to pursue that charge.
L. N. For the purposes of this section, "sexually explicit performance" means a live or public act or show intended to arouse or satisfy the sexual desires or appeal to the prurient interest of patrons.