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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
sex trafficking; minors; natural life
Purpose
Subject to voter approval, statutorily requires an adult who is convicted of a class 2 felony for any child sex trafficking offense 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 a class 2 felony for any child sex trafficking offense, notwithstanding any other law, to be sentenced to natural life imprisonment without eligibility for any form of release.
2. Requires the Secretary of State to submit the proposition to the voters at the next general election.
3. Becomes effective if approved by the voters and on proclamation of the Governor.
Amendments Adopted by Additional Committee of the Whole
1. Requires a person who is convicted of a class 2 felony for any child sex trafficking offense to be sentenced to natural life imprisonment without eligibility for any form of release.
2. Modifies the Resolution to be a referral measure that amends Arizona Revised Statutes, rather than the Arizona State Constitution.
3. Makes conforming changes.
Senate Action
JUD 2/8/24 DP 5-2-0
Prepared by Senate Research
March 6, 2024
ZD/cs