ARIZONA HOUSE OF REPRESENTATIVES Fifty-seventh Legislature First Regular Session
	Senate: JUDE DP 4-3-0-0 | 3^rd Read 17-12-0-1

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SB 1152: early voting; mailing date

S/E: indistinguishable; visual depiction; DCAC; definition

Sponsor: Senator Gowan, LD 19

Committee on Judiciary

Summary of the Strike-Everything Amendment to SB 1152

Overview

Modifies the definition of dangerous crimes against children (DCACs) to include visual depictions that are indistinguishable from actual minors for the crimes of commercial and non-commercial sexual exploitation of a minor.

History

A.R.S. § 13-705 outlines enhanced sentencing provisions for adults who are convicted of DCACs. These crimes are defined as specific offenses committed against minors under the age of 15. The statute classifies DCACs into first-degree and second-degree offenses, with first-degree applying to completed crimes and second-degree to preparatory acts; except that attempted first-degree murder is treated as a first-degree DCAC. DCACs include sexual assault, child molestation, sexual conduct with a minor, child sex trafficking, commercial or sexual exploitation, kidnapping, child abuse and certain drug offenses involving minors.

Arizona law defines both commercial and non-commercial sexual exploitation of minors as felonies. Sexual exploitation of a minor includes knowingly creating, distributing, possessing or exchanging any visual depictions of a minor engaged in sexual conduct or exploitive exhibition, as well as possessing or trading child sex dolls that realistically replicate children under 12 (A.R.S. § 13-3553). Commercial sexual exploitation of a minor occurs when someone knowingly uses or facilitates a minor's involvement in sexual conduct or exploitive exhibition for financial or commercial gain — this includes acts such as producing pornography, transporting minors for such purposes or using their images in prostitution advertisements (A.R.S. § 13-3552).

Provisions

1. Expands the definition of DCAC to include a visual depiction that is indistinguishable from an actual minor under 15 years of age, for the crimes of commercial sexual exploitation of a minor and sexual exploitation of a minor. (Sec. 1)

2. Makes technical changes. (Sec. 1)

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                        SB 1152

Initials NM    Page 0 Judiciary

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