ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

HB 2835: observing nude minor; sexual gratification

Sponsor: Representative Nguyen, LD 1

Committee on Judiciary

Overview

Adds knowingly observing a nude minor for the purpose of a person's sexual gratification as 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 observing a nude minor for the purpose of the person's sexual gratification. (Sec. 1)

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5. HB 2835

6. Initials JL/IG Page 0 Judiciary

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