ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature First Regular Session
	Senate: JUD DP 3-1-3-0 | 3^rd Read DPA 16-14-0-0-0 House: JUD DP 5-3-0-0-0-0

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SB 1698: unlawful exposure; minors; sentencing; reporting

Sponsor: Senator Wadsack, LD 17

House Engrossed

Overview

Establishes unlawful exposure to an adult oriented performance or business as a class 4 felony offense punishable as a dangerous crime against children (DCAC) and requires a person convicted of the offense to register as a sex offender. Defines relevant terms and includes this offense in certain existing child safety statutes.

History

Reportable Offenses

Current law creates a duty for certain persons who have responsibility for the care or treatment of a minor, such as certain family members, medical professionals or school personnel, who reasonably believe that the minor has been the victim of non-accidental physical injury, abuse, child abuse, a reportable offense or neglect to immediately report this information to applicable authorities. A reportable offense includes, among other offenses, violation of A.R.S. § 13-3506.01, which criminalizes sending harmful items to minors by electronic means (A.R.S. § 13-3620). The terms abuse and neglect (or neglected), among others, are defined in statute for purposes of all of A.R.S. Title 8 (concerning child safety) (A.R.S. § 8-201).

Adult Oriented Businesses

Statute defines an adult oriented business to include adult arcades, adult bookstores or video stores, cabarets, adult live entertainment establishments, adult motion picture theaters, adult theaters, massage establishments that offer adult service or nude model studios. All of the terms that comprise this definition are further defined individually (A.R.S. § 11-811).

Dangerous Crimes Against Children

DCACs are a category of criminal offenses that may be treated differently when they involve a defendant who is at least 18 years old (or tried as an adult) and a victim who is below 15 years old (or an unborn child). Statute specifies numerous offenses that may be punishable as a DCAC, meaning that they can be subject to increased prison sentences and special provisions regarding the defendant's eligibility for probation or early release (A.R.S. § 13-705).

Sex Offender Registration

Statute requires persons who are convicted of or adjudicated guilty except insane for specified sex offenses to register as a sex offender, among other requirements (A.R.S. § 13-3821). It is a generally a class 4 felony offense for a person who is subject to the registration requirement to fail to register or meet other statutory requirements in A.R.S. § 13-3821 (A.R.S. § 13-3824).

Provisions

1. Establishes unlawful exposure to an adult oriented performance or adult oriented business as a criminal offense involving a person who knowingly does any of the following:

a) Allows a minor under the person's custody or control to view an adult oriented performance or enter an adult oriented business;

b) Allows a minor to enter or remain in an adult oriented business or a building or part of a building where an adult oriented performance is occurring; or

c) Performs or allows another person under the person's custody or control to perform an adult oriented performance in view of a minor. (Sec. 5)

2. Classifies this offense as a class 4 felony punishable as a DCAC. (Sec. 5)

3. Defines an adult oriented performance as an in-person show or performance, with or without consideration, that includes any of the following:

a) A person who appears in a state of nudity or who is seminude;

b) A person whose performance is characterized by the exposure of specific anatomical areas or specific sexual activities; or

c) A performance that is harmful to minors, as that phrase is defined in A.R.S. § 13-3501. (Sec. 5)

4. Provides that, for purposes of this offense, adult oriented business has the same definition prescribed in A.R.S. § 11-811.

5. Changes the definition of adult oriented business in A.R.S. § 11-811 to include establishments that conduct or host sexually explicit performances, and separately defines sexually explicit as having an intention to arouse or satisfy the sexual desires or to appeal to the prurient interest. (Sec. 2)

6. Includes this new offense as a reportable offense under A.R.S. § 13-3620 and also adds the offense to the definitions of abuse and neglect (or neglected) for purposes of A.R.S. Title 8 (relating to child safety). (Sec. 1, 6)

7. Requires a person convicted of or adjudicated guilty except insane for this new offense to register as a sex offender and meet other requirements outlined in A.R.S. § 13-3821. (Sec. 7)

8. Makes technical and conforming changes. (Sec. 2, 3, 4, 6, 7)

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12.                   SB 1698

13. Initials JL   Page 0 House Engrossed

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