ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature Second Regular Session
	House: JUD DPA 5-2-0-2 |3^rd Read DPA 41-17-1-0-1 Senate: JUD DPA 4-3-0-0 | 3^rd Read 19-8-3-0-0

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HB 2242: sexual conduct; minor; classification; sentence

Sponsor: Representative Willoughby, LD 13

Conference Committee

Overview

Raises the sentencing classification for sexual conduct with a minor of at least 15 years of age and makes changes to an existing statutory defense that is available in prosecutions for the offense.

History

A person commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person who is under 18 years of age.

Current law classifies sexual conduct with a minor of at least 15 years of age as a class 6 felony. If the sexual conduct occurred between a minor and an adult in a position of trust, then the offense is classified as a class 2 felony. Sexual conduct with a minor under the age of 15 is classified as a class 2 felony and is punishable as a dangerous crime against children under A.R.S. § 13-705 (A.R.S. § 13-1405).

Under A.R.S. § 13-1407, subsection E (commonly referred to as the Romeo and Juliet Law), it is a defense to a prosecution for sexual conduct with a minor if all of the following circumstances are met:

1) the victim is between 15 and 17 years old;

2) the defendant is under 19 years old or attending high school and is no more than 24 months older than the victim; and

3) the conduct is consensual.

Provisions

1. Raises the sentencing classification for sexual conduct with a minor of at least 15 years of age from class 6 felony to a class 4 felony. (Sec. 1)

2. Amends the Romeo and Juliet Law by removing the requirement that the defendant be under 19 years old or attending high school and expanding the maximum age-difference between the victim and the defendant from 24 months to 36 months. (Sec. 2)

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6.                   HB 2242

7. Initials JL Page 0 Conference Committee

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