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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
sexual conduct; minor; capital punishment
Purpose
Classifies sexual conduct with a minor who is 12 years old or under and who suffers serious physical injury during the offense as a class 1 felony punishable by natural life imprisonment.
Background
If the death penalty was not alleged or was alleged but not imposed, the court shall determine whether to impose a sentence of life or natural life imprisonment. In determining the sentence, the court may consider any evidence introduced before sentencing or at any other sentencing proceeding, and must consider aggravating an mitigating circumstances listed in statute as well as any statement made by a victim (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 natural life imprisonment.
2. Specifies that a defendant sentenced to natural life is not eligible for commutation, parole, work furlough, work release or release from confinement on any basis.
3. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
· Removes the ability of the state to seek the death penalty for persons convicted of sexual conduct with a minor involving serious physical injury, and requires these same defendants to be sentenced to natural life imprisonment without possibility of release on any basis.
Senate Action
JUD 2/8/24 DP 5-2-0
Prepared by Senate Research
February 27, 2024
ZD/cs