ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

House: JUD DP 5-3-1-0

HB 2835: observing nude minor; sexual gratification

Sponsor: Representative Nguyen, LD 1

House Engrossed

Overview

Establishes knowingly observing a nude minor for the purpose of engaging in sexual conduct for a person's sexual gratification as a form of criminal sexual exploitation of a minor. Makes an existing defense applicable in prosecutions for this new offense if certain circumstances are met.

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).

The terms exploitive exhibition, minor, producing, sexual conduct, simulated and visual depiction are defined in A.R.S. § 13-3551. The culpable mental states, including knowingly, are defined in A.R.S. § 13-105.

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 certain offenses involving sexual conduct with a minor if all of the following are met:

1) the victim is 15, 16 or 17 years old;

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

3) the conduct is consensual.

Provisions

1. Adds that a person commits sexual exploitation of a minor by knowingly observing a nude minor for the purpose of engaging in sexual conduct for the person's sexual gratification. (Sec. 2)

2. Makes the Romeo and Juliet Law applicable in prosecutions for this new form of sexual exploitation of a minor. (Sec. 1)

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6. HB 2835

7. Initials JL/IG Page 0 House Engrossed

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