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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
sex trafficking; minors; natural life
Purpose
Subject to voter approval, constitutionally requires an adult who is convicted of sex trafficking of a minor child to be sentenced to natural life imprisonment.
Background
A person commits child sex trafficking by knowingly: 1) causing any minor to engage in prostitution; 2) using any minor for the purposes of prostitution; 3) permitting a minor who is under the person's custody or control to engage in prostitution; 4) 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; 5) receiving any benefit pursuant to an agreement to participate in the proceeds of prostitution of a minor; 6) financing, managing, supervising, controlling or owning, either alone or in association with others, prostitution activity involving a minor; 7) transporting or financing the transportation of any minor with the intent that the minor engage in prostitution; 8) providing a means by which a minor engages in prostitution; 9) enticing, recruiting, harboring, providing, transporting, making available to another or otherwise obtaining a minor with the intent to cause the minor to engage in prostitution or any sexually explicit performance; or 10) 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.
Child sex trafficking, with limited exceptions, is classified as a class 2 felony and is punishable as a dangerous crime against children (DCAC). The sentence for child sex trafficking depends on certain factors, including the age of the victim, the nature of the offense, and whether the defendant has any predicate felonies or historical prior felonies. Generally, a person convicted of child sex trafficking faces a presumptive prison sentence of 20 years, up to natural life in prison if the person has previously been convicted of child sex trafficking or a DCAC (A.R.S. §§ 13-705 and 13-3212).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires an adult who is convicted of sex trafficking of a minor child to be sentenced to natural life imprisonment.
2. Defines sex trafficking of a minor child as knowingly paying for sex with a minor, receiving payment for placing a minor in another person's custody with intent to cause the minor to engage in sex with another person, or providing or obtaining a minor with intent to cause the minor to engage in sex with another person.
3. Allows the Legislature to administer constitutional requirements relating to sex trafficking of a minor child..
4. Requires the Secretary of State to submit the proposition to the voters at the next general election.
5. Becomes effective if approved by the voters and on proclamation of the Governor.
Prepared by Senate Research
February 5, 2024
ZD/cs