ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

HB 2727: firearms; merchant category codes; prohibition

S/E: sexual exploitation; minor; artificial intelligence

Sponsor: Representative Nguyen, LD 1

Committee on Judiciary

Summary of the Strike-Everything Amendment to HB 2727

Overview

Adds knowingly engaging in specified conduct pertaining to artificially generated depictions of a minor engaging in exploitive exhibition or other sexual conduct to the existing criminal statute for sexual exploitation of a minor.

History

Under current law, 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; or

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 under the age of 12 with the intent to replicate the physical features of the real infant or minor.

Sexual exploitation of a minor is a class 2 felony and is punishable as a dangerous crime against children (DCAC) if the minor is under 15 years of age (A.R.S. § 13-3553). 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).

Provisions

1. Adds that a person commits sexual exploitation of a minor by knowingly:

a) producing, publishing, altering or generating with artificial intelligence any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct; and

b) possessing, producing, publishing, distributing, offering to sell, selling, purchasing or generating with artificial intelligence any visual depiction that uses the face, image or likeness of a real minor who is under 12 years of age and who is engaged in exploitive exhibition or other sexual conduct with the intent to replicate the physical features of that real minor who is under 12 years of age. (Sec. 1)

2. Makes technical and conforming changes. (Sec. 1)

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6. HB 2727

7. Initials JL/IG Page 0 Judiciary

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