ARIZONA HOUSE OF REPRESENTATIVES Fifty-seventh Legislature First Regular Session
	House: JUD DPA 9-0-0-0

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HB 2115: observing nude minor; sexual gratification

Sponsor: Representative Nguyen, LD 1

House Engrossed

Overview

Establishes knowingly observing a nude minor for the purpose of engaging in sexual conduct for a person's sexual gratification as a form of criminal sexual exploitation of a minor.

History

Under current law, a person commits sexual exploitation of a minor by knowingly:

1) creating any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct;

2) distributing or possessing any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct; or

3) possessing or distributing a child sex doll that uses the likeness of a real minor under the age of 12 with the intent to replicate the physical features of said minor (A.R.S. § 13-3553).

Sexual exploitation of a minor is a class 2 felony and is punishable as a dangerous crime against children (DCAC) if the minor is under 15 years of age (A.R.S. § 13-3553). DCACs are a category of criminal offenses that may be treated differently when they involve a defendant who is at least 18 years old (or tried as an adult) and a victim who is below 15 years old (or an unborn child). Statute specifies numerous offenses that may be punishable as a DCAC, meaning that they 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. Adds that a person commits sexual exploitation of a minor by knowingly observing a nude minor for the purpose of engaging in sexual conduct for the person's sexual gratification. (Sec. 2)

2. Specifies that this new form of sexual exploitation of a minor does not apply to consensual conduct between minors who are both at least 15-17 years old. (Sec. 1)

3. Makes the Romeo and Juliet Law applicable in prosecutions for this new form of sexual exploitation of a minor. (Sec. 1)

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8. HB 2115

9. Initials NM/JL                 Caucus & COW

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