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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
sexual abuse; dangerous crimes; children
Purpose
Classifies sexual abuse as a class 4 felony if the victim is at least 15 years old and the person was in a position of trust. Modifies the definition of a dangerous crime against children (DCAC).
Background
A person commits sexual abuse by intentionally or knowingly engaging in nonconsensual sexual contact with any person who is at least 15 years old, or with any person under 15 years old if the sexual contact only involves the female breast. Sexual abuse is a class 5 felony, unless the victim is under 15 years old, in which case sexual abuse is a class 3 felony punishable as DCAC. It is not a defense to prosecution for sexual abuse that the victim consented if the victim was 15, 16 or 17 years old and the defendant was in a position of trust. DCACs include various serious crimes and sexual offenses committed against a minor who is under 15 years old (A.R.S. §§ 13-705 and 13-1404).
Position of trust means a person who is: 1) a minor's parent, grandparent or other person with a specified familial or legal relationship with the minor; 2) the minor's teacher or any school employee or volunteer at the minor's school; 3) the minor's coach or instructor; 4) the minor's clergyman or priest; 5) engaged in a sexual or romantic relationship with a person who has specified familial or legal relationship with the minor; 6) related to the minor by blood or marriage within the third degree and is at least 10 years older than the minor; 7) the minor's employer; or 8) an employee of a group home or residential treatment facility where the minor resides of has previously resided (A.R.S. § 13-1401).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Classifies sexual abuse as a class 4 felony if the victim is at least 15 years old and the person was in a position of trust.
2. Modifies the definition of DCAC to include specified acts committed against a person posing as a minor if the defendant knew or had reason to know that the purported minor was under 15 years old.
3. Becomes effective on the general effective date.
Prepared by Senate Research
February 16, 2025
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