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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
sexual conduct; minor; capital punishment
Purpose
Allows the state to seek capital punishment for a defendant convicted of sexual conduct with a minor who is 12 years old or under and who suffers serious physical injury during the offense, if the defendant was at least 18 years old at the time of the commission of the offense.
Background
A defendant convicted of first-degree murder is eligible for the death penalty if the existence of at least one statutorily enumerated aggravating circumstances exists and there are no mitigating circumstances sufficiently substantial to call for leniency (A.R.S. § 13-751). Pursuant to the decision in Ring v. Arizona, 536 U.S. 584 (2002), the imposition of the death penalty, as well as the existence of aggravating and mitigating circumstances, must be determined by a jury. If aggravating circumstances exist, the jury enters the penalty phase of the trial, considers any mitigating circumstances and determines whether the death penalty should be imposed. A jury must come to a unanimous verdict when determining whether an aggravating circumstance has been proven and whether the death penalty is the appropriate sentence (A.R.S. § 13-752).
A person commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person under 18 years old. Sexual conduct with a minor under 15 years old is a class 2 felony and is punishable as a dangerous crime against children (DCAC). Sexual conduct with a minor who is at least 15 years old is a class 6 felony, except that is a class 2 felony if the person is or was in a position of trust (A.R.S. § 13-1405).
Serious physical injury includes physical injury that creates a reasonable risk of death, or that causes serious and permanent disfigurement, serious impairment of health or loss or protracted impairment of the function of any bodily organ or limb (A.R.S. § 13-105).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Classifies sexual conduct with a minor who is 12 years old or under, who suffers serious physical injury, as a class 1 felony punishable by death or life imprisonment.
2. Requires a defendant to be sentenced to death or natural life imprisonment if the defendant is convicted of sexual conduct with a minor who was 12 years old or under and suffered serious physical injury, and the defendant was at least 18 years old at the time of the commission of the offense.
3. Requires the court to impose a natural life sentence if the trier of fact determines that the sentence of death is not appropriate.
4. Specifies that a defendant sentenced natural life is not eligible for commutation, parole, work furlough, work release or release from confinement on any basis.
5. Modifies the definition of victim, as it relates to the victim's right to the present at the aggravation phase, to include the minor victim of an offense involving sexual conduct with a minor who is 12 years old or under, and the minor's parent, grandparent or sibling, any person related to the minor by consanguinity or affinity to the second degree or any other lawful representative of the minor, except if the parent, grandparent, sibling, other person related to the minor by consanguinity or affinity to the second degree or other lawful representative is in custody or is the accused.
6. Makes technical and conforming changes.
7. Becomes effective on the general effective date.
Prepared by Senate Research
February 5, 2024
ZD/cs