ARIZONA HOUSE OF REPRESENTATIVES Fifty-seventh Legislature First Regular Session
	House: JUD DP 6-2-1-0

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HB 2114: sexual conduct; minor; classification; sentence

Sponsor: Representative Nguyen, LD 1

House Engrossed

Overview

Establishes that an individual is guilty of a class 4 felony if he is over 21 years old and engages in sexual conduct with a minor who is between 15-17 years old.

History

Sexual conduct with a minor who is at least 15 years of age is a class 6 felony if the defendant is over 18 years of age (A.R.S. §§ 13-705; 13-1405). If the minor is under 15 years of age, it would be considered a dangerous crime against children (DCAC), and sexual conduct with a minor then would result in a class 2 felony. Statute specifies that a DCAC can be subject to increased prison sentences and special provisions regarding the defendant's eligibility for probation or early release (A.R.S. § 13-705).

Under A.R.S. § 13-1407, subsection E (commonly referred to as the Romeo and Juliet Law), it is a defense to a prosecution for certain offenses involving sexual conduct with a minor if all of the following are met:

1) the victim is 15, 16 or 17 years old;

2) the defendant is under 19 years old or attending high school and no more than 24 months older than the victim; and

3) the conduct is consensual.

Provisions

1. Asserts that an individual is guilty of a class 4 felony if he:

a) is over the age of 21;

b) is more than 60 months older than the minor; and

c) engages in sexual conduct with a minor who is at least 15 years of age. (Sec. 1)

2. Applies a mandatory 1-year jail sentence to an individual with this charge, if he is placed on probation. (Sec. 1)

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                        HB 2114

Initials NM/DC         Page 0 House Engrossed

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