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Senate Engrossed House Bill
sexual conduct; minor; classification; sentence (now: child sex doll; exploitation) |
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State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
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CHAPTER 153
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HOUSE BILL 2169 |
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An Act
amending title 13, chapter 14, Arizona Revised Statutes, by adding section 13-1429; amending section 13-3553, Arizona Revised Statutes; relating to sexual offenses.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 14, Arizona Revised Statutes, is amended by adding section 13-1429, to read:
13-1429. Possessing, trafficking or importing a child sex doll; classification; annual report; definition
A. A person commits possessing a child sex doll by intentionally or knowingly possessing a child sex doll.
B. A person commits trafficking a child sex doll by knowingly manufacturing, distributing, selling, transferring, offering to sell, advertising, providing, shipping, delivering for shipment, offering to deliver for shipment or possessing with the intent to manufacture, distribute, sell, ship or transfer a child sex doll.
C. A person commits importing a child sex doll by knowingly transporting a child sex doll into this state by any means with the intent to distribute, sell or transfer the child sex doll.
D. In a prosecution for a violation of subsection B of this section, unless satisfactorily explained, the POSSESSION of two or more child sex dolls may give rise to an inference that a person intends to commit trafficking a child sex doll.
E. This section does not apply to a common carrier transporting a container with a child sex doll if the common carrier does not have knowledge of the container's contents.
F. On or before December 31, 2024 and each year thereafter, the administrative office of the courts shall submit a report to the President of the senate, the speaker of the house of representatives, the minority leader in the senate and the minority leader in the house of representatives that lists, by county, the total number of persons who have been convicted of a violation of this section.
G. A violation of this section is a class 4 felony.
H. For the purposes of this section, "child sex doll" means an anatomically correct doll, mannequin or robot that both:
1. Has the features of or features that resemble those of an infant or a child who is under twelve years of age.
2. Is intended to be used for sexual stimulation or gratification.
Sec. 2. Section 13-3553, Arizona Revised Statutes, is amended to read:
13-3553. Sexual exploitation of a minor; evidence; classification; definition
A. A person commits sexual exploitation of a minor by knowingly:
1. Recording, filming, photographing, developing or duplicating any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct.
2. Distributing, transporting, exhibiting, receiving, selling, purchasing, electronically transmitting, possessing or exchanging any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct.
3. Possessing, manufacturing, distributing, advertising, ordering, offering to sell, selling or purchasing a child sex doll that uses the face, image or likeness of a real infant or minor who is under twelve years of age with the intent to replicate the physical features of the real infant or minor who is under twelve years of age.
B. If any visual depiction of sexual exploitation of a minor is admitted into evidence, the court shall seal that evidence at the conclusion of any grand jury proceeding, hearing or trial.
C. Sexual exploitation of a minor is a class 2 felony and if the minor is under fifteen years of age it is punishable pursuant to section 13-705.
D. For the purposes of this section, "child sex doll" has the same meaning prescribed in section 13-1429.
Sec. 3. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.
APPROVED BY THE GOVERNOR MAY 19, 2023.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 22, 2023.