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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
grooming; classification
Purpose
Establishes the criminal classification of grooming that a person commits by knowingly using various means to seduce, lure or entice a minor to distribute photographs of a person's genitals, or by committing any act in furtherance of facilitating the sexual seduction or abuse of the minor.
Background
Position of
trust means a person who is or was any of the following: 1) the minor's
parent, stepparent, grandparent, adoptive parent, legal guardian, aunt, uncle
or foster parent; 2) the minor's teacher or any school employee or volunteer at
the minor's school who is 18 years old or older;
3) the minor's coach or instructor, whether the coach or instructor is an
employee or volunteer;
4) the minor's clergyman or priest or any person who is at least 18 years old
and who worked or volunteered for a religious organization that hosted events
or activities where the minor was in attendance; 5) engaged in a sexual or
romantic relationship with the minor's parent, adoptive parent, grandparent,
aunt, uncle, legal guardian, foster parent, stepparent, step-grandparent or
sibling; 6) related to the minor by blood or marriage within the third degree
and is at least 10 years older than the minor; 7) the minor's employer; or 8)
an employee of a group home or residential treatment facility where the minor
resides or has previously resided (A.R.S.
§ 13-1401).
It is a defense to a prosecution of sexual conduct with a minor if the victim is 15, 16 or 17 years old, the defendant is under 19 years old or is attending high school and is no more than 24 months older than the victim, and the conduct is consensual. This is often referred to as the Romeo and Juliet defense (A.R.S. § 13-1407).
A class 5 felony carries a presumptive prison sentence of 1.5 years, and a class 4 felony carries a presumptive prison sentence of 2.5 years. Fines for felonies may be up to $150,000 (A.R.S. §§ 13-702 and 13-801).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Establishes the criminal classification of grooming, which a person commits by knowingly:
a) using an electronic communication device, performing an act in person or through a third party, or by using any written communication to seduce, lure or entice, or attempt to seduce, lure or entice, a minor into distributing photographs of a person's genitals; or
b) committing any act in furtherance of facilitating the sexual seduction or abuse of the minor.
2. Classifies a violation of grooming as a class 5 felony, or a class 4 felony if the defendant is in a position of trust.
3. Adds grooming to the list of offenses that are eligible for the Romeo and Juliet prosecution defense.
4. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Modifies the elements necessary to commit grooming by specifying that the defendant must have:
a) seduced, lured, or enticed a minor to distribute photographs of a person's genitals, rather than sex organs; or
b) committed any act, rather than any criminal offense, in furtherance of facilitating the sexual seduction or abuse of the minor.
2. Removes modifications made to the Romeo and Juliet prosecution defense to again require that the ages of the victim and defendant be no more than 24 months apart, rather than 3 years apart.
House Action Senate Action
JUD 1/24/24 DPA 6-2-1-0 JUD 3/21/24 DPA 4-3-0
3rd Read 2/6/24 44-11-2-0-3
Prepared by Senate Research
March 25, 2024
ZD/cs