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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
child sex trafficking; facilitating prostitution
Purpose
Deems that a person who is at least 18 years of age commits child sex trafficking by knowingly engaging in prostitution with a person for the purpose of facilitating the prostitution of a minor who is under 15 years of age or who the person knows or should have known is 15, 16 or 17 years of age. Requires a judicial officer to impose outlined conditions on a person who is charged with child sex trafficking and who is released on the person's own recognizance or bail.
Background
Current statute
deems that a person commits child sex trafficking by knowingly: 1)
causing any minor to engage in prostitution; 2) receiving any benefit for or on
account of procuring or placing a minor in any place or in the charge or custody
of any person for the purpose of prostitution; 3) financing, managing,
supervising, controlling or owning, either alone or in association with others,
prostitution activity involving a minor; 4) enticing, recruiting, harboring,
providing, transporting, making available to another or otherwise obtaining a
minor with the knowledge that the minor will engage in prostitution or any
sexually explicit performance; or
5) other statutorily outlined offenses. A person who is at least 18 years of
age commits child sex trafficking by knowingly: 1) engaging in
prostitution with a minor who is under 15 years of age; 2) engaging in
prostitution with a minor who the person knows or should have known is 15, 16
or 17 years of age; or 3) engaging in prostitution with a minor who is 15, 16
or 17 years of age (A.R.S.
§ 13-3212).
After providing the notice of initial appearance to the victim, a judicial officer may impose statutorily outlined conditions on a person who is released on the person's own recognizance or bail. In addition to any of the conditions a judicial officer may impose, the judicial officer must impose both of the following conditions on a person who is charged with a felony violation of a sexual offense or sexual exploitation of children and who is released on the person's own recognizance or bail: 1) electronic monitoring where available; and 2) a condition prohibiting the person from having any contact with the victim (A.R.S. § 13-3967).
If a person is convicted of a dangerous crime against children or sexual assault, the court must order the person to pay an assessment of $500 in addition to any other assessment or restitution. The assessment is prohibited from being waived and is not subject to a surcharge. The court must transmit the monies collected to the county treasurer for the purpose of defraying the cost of investigations (A.R.S. § 12-116.07).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Deems that a person who is at least 18 years of age commits child sex trafficking by knowingly engaging in prostitution with a person for the purpose of facilitating the prostitution of a minor:
a) who is under 15 years of age; or
b) who the person knows or should have known is 15, 16 or 17 years of age.
2. Requires a judicial officer, in addition to any of the outlined conditions the judicial officer may impose, to impose both of the following conditions on a person who is charged with child sex trafficking and who is released on the person's own recognizance or on bail:
a) electronic monitoring where available; and
b) a condition prohibiting the person from having any contact with the victim.
3. Requires the court, in addition to any other assessment or restitution, if a person is convicted of sexual abuse, sexual conduct with a minor, sexual assault or child sex trafficking, to order the person to pay an assessment of $500.
4. Stipulates that evidence relating to a victim’s reputation for chastity and opinion evidence relating to a victim’s chastity are not admissible in any prosecution for child sex trafficking or any offense relating to the sexual exploitation of children.
5. Stipulates that it is not a defense to a prosecution for child sex trafficking that the other person is a peace officer posing as a person facilitating the prostitution of a minor.
6. Removes the requirement that a prostitution offense that was committed as a result of being a victim of sex trafficking must have been committed before July 24, 2014, in order for the offender to be able to apply to have the conviction vacated.
7. Makes conforming changes.
8. Becomes effective on the general effective date.
House Action
JUD 1/31/24 DPA 6-2-0-1
3rd Read 2/28/24 44-14-1-0-1
Prepared by Senate Research
March 19, 2024
ZD/SB/cs