Chapter 0189 - 562R - S Ver of HB2310

Senate Engrossed House Bill

grooming; classification

(now: child enticement; classification; definition)

State of Arizona

House of Representatives

Fifty-sixth Legislature

Second Regular Session

2024

CHAPTER 189

HOUSE BILL 2310

An Act

amending section 13-1407, Arizona Revised Statutes; amending title 13, chapter 14, Arizona Revised Statutes, by adding section 13-1430; relating to sexual offenses.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 13-1407, Arizona Revised Statutes, is amended to read:

START_STATUTE13-1407. Defenses

A. It is a defense to a prosecution pursuant to sections 13-1404 and 13-1405 involving a minor if the act was done in furtherance of lawful medical practice.

B. It is a defense to a prosecution pursuant to sections 13-1404 and 13-1405 in which the victim's lack of consent is based on incapacity to consent because the victim was fifteen, sixteen or seventeen years of age if at the time the defendant engaged in the conduct constituting the offense the defendant did not know and could not reasonably have known the age of the victim.

C. It is a defense to a prosecution pursuant to section 13-1402, 13-1404, 13-1405 or 13-1406 if the act was done by a duly licensed physician or registered nurse or a person acting under the physician's or nurse's direction, or any other person who renders emergency care at the scene of an emergency occurrence, the act consisted of administering a recognized and lawful form of treatment that was reasonably adapted to promoting the physical or mental health of the patient and the treatment was administered in an emergency when the duly licensed physician or registered nurse or a person acting under the physician's or nurse's direction, or any other person rendering emergency care at the scene of an emergency occurrence, reasonably believed that no one competent to consent could be consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent.

D. It is a defense to a prosecution pursuant to section 13-1404 or 13-1405 that the person was the spouse of the other person at the time of commission of the act. It is not a defense to a prosecution pursuant to section 13-1406 that the defendant was the spouse of the victim at the time of commission of the act.

E. It is a defense to a prosecution pursuant to sections 13-1405, 13-1430 and 13-3560 if the victim is fifteen, sixteen or seventeen years of age, the defendant is under nineteen years of age or attending high school and is no more than twenty-four months older than the victim and the conduct is consensual.END_STATUTE

Sec. 2. Title 13, chapter 14, Arizona Revised Statutes, is amended by adding section 13-1430, to read:

START_STATUTE13-1430. Child enticement; classification; definition

A. A person commits CHILD ENTICEMENT by knowingly DOING EITHER OF THE FOLLOWING:

1. using an electronic communication device, performing an act in person or through a third party or using any written communication to lure or entice or attempt to lure or entice a minor to DISTRIBUTE A visual DEPICTION of A PERSON’S GENITALS OR THE FEMALE BREAST.

2. COMMITTING any ACT in furtherance of OR TO FACILITATE the sexual abuse of the minor.

B. THIS SECTION DOES NOT PROHIBIT THE DISTRIBUTION OF A visual depiction that TAKEN AS A WHOLE HAS SERIOUS LITERARY, ARTISTIC, POLITICAL OR SCIENTIFIC VALUE FOR MINORS.

c. CHILD ENTICEMENT is a class 5 felony, except that CHILD ENTICEMENT is a class 4 felony if the defendant is in a position of trust.

D. FOR THE PURPOSES OF THIS SECTION:

1. "electronic communication device" has the same meaning as in section 13-3561.

2. "SEXUAL ABUSE" INCLUDES ANY OFFENSE in Chapter 14 OR 35.1 OF THIS TITLE or section 13-3212.

3. "visual depiction" has the same meaning as in section 13-3551. END_STATUTE