Assigned to JUD Step in process
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
FACT SHEET FOR H.B. 2169
sexual conduct; minor; classification; sentence
(NOW: criminal classification; sexual offenses; prohibition)
Purpose
An emergency measure that prohibits the possession, trafficking or importation of a child
sex doll and classifies a violation as a class 4 felony.
Background
A person commits sexual exploitation of a minor by knowingly: 1) recording, filming,
photographing, developing or duplicating any visual depiction in which a minor is engaged in
exploitive exhibition or other sexual conduct; or 2) distributing, transporting, exhibiting, receiving,
selling, purchasing, electronically transmitting, possessing or exchanging any visual depiction in
which a minor is engaged in exploitive exhibition or other sexual conduct. Sexual exploitation of
a minor is a class 2 felony and is punishable as a dangerous crime against children if the minor is
under 15 years of age (A.R.S. § 13-3553).
The Department of Public Safety (DPS) must establish and maintain an internet sex
offender website for the purpose of providing sex offender information to the public. The internet
sex offender website must include any offender whose risk assessment has been determined to be
a level two or level three, or any person assessed to be a level one offender and who has been
convicted of the following offenses: 1) sexual assault; 2) sexual exploitation of a minor if the
offender is at least 21 years old and is sentenced for a dangerous crime against children;
3) commercial sexual exploitation of a minor; 4) sexual abuse if the victim is under 12 years old;
5) molestation of a child if the victim is under 12 years old; 6) sexual conduct with a minor if the
victim is under 12 years old; 7) child prostitution if committed on or before August 9, 2017;
8) child sex trafficking as specified; 9) taking a child for the purpose of prostitution if the victim
is under 12 years old; 10) luring a minor for sexual exploitation if the victim is under 12 years old;
11) aggravated luring of a minor for sexual exploitation if the victim is under 12 years old; and
12) continuous sexual abuse of a child if the victim is under 12 years old (A.R.S. § 13-3827).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Prohibits the possession, trafficking or importation of a child sex doll and classifies a violation
as a class 4 felony.
2. Defines child sex doll as an anatomically correct doll, mannequin or robot that:
a) has the features of, or features that resemble, those of an infant or a child who is under 12
years old; and
b) is intended to be used for sexual stimulation or gratification. FACT SHEET
H.B. 2169
Page 2
3. States that a person commits possession of a child sex doll by intentionally or knowingly
possessing a child sex doll.
4. States that a person commits trafficking a child sex doll by knowingly manufacturing,
distributing, selling, transferring, offering to sell, advertising, providing, shipping, delivering
for shipment, offering to deliver for shipment or possessing with the intent to manufacture,
distribute sell, ship or transfer a child sex doll.
5. States that a person commits importing a child sex doll by knowingly transporting a child sex
doll into Arizona by any means with the intent to distribute, sell or transfer the child sex doll.
6. Provides that the possession of two or more child sex dolls, unless satisfactorily explained,
may give rise to an inference that a person intends to commit trafficking of child sex dolls.
7. Exempts a common carrier from penalties and prosecution for possessing, trafficking or
importing a child sex doll if the common carrier transports a container with a child sex doll
and the common carrier does not have knowledge of the container's contents.
8. Includes, in the classification for sexual exploitation of a minor, possessing, manufacturing,
distributing, advertising, ordering, offering to sell, selling or purchasing a child sex doll that
uses the face, image or likeness of a real infant or minor under 12 years old with the intent to
replicate the physical features of the real infant or minor who is under 12 years old.
9. Requires the Administrative Office of the Courts, by December 31, 2024, and each year
thereafter, to submit a report to the President of the Senate, the Speaker of Representatives
(House) and the Minority Leaders of both the Senate and House that lists, by county, the total
number of persons who have been convicted of possessing, trafficking or importing a child sex
doll.
10. Makes technical changes.
11. Becomes effective on signature of the Governor, if the emergency clause is enacted.
Amendments Adopted by Committee of the Whole
1. Exempts a common carrier from penalties and prosecution for possessing, trafficking or
importing a child sex doll if the common carrier transports a container with a child sex doll
without knowledge of the container's contents.
2. Removes the requirement that a person convicted of possessing, trafficking or importing a
child sex doll register as sex offender.
3. Includes possessing, manufacturing, distributing, advertising, ordering and offering to sell a
child sex doll with features of a minor under 12 years old under the sexual exploitation of a
minor classification.
4. Specifies that a person commits sexual exploitation of a minor by way of engaging in specified
actions with child sex dolls intended to replicate features of a minor who is under 12 years old,
if the doll uses the face, image or likeness of a real infant or minor under 12 years old. FACT SHEET
H.B. 2169
Page 3
5. Requires the Administrative Office of the Courts, by December 31, 2024, and each year
thereafter, to submit a report to the President, Speaker and Minority Leaders of the Legislature
that lists, by county, the total number of persons who have been convicted of possessing,
trafficking or importing a child sex doll.
12. Makes technical and conforming changes.
Senate Action
JUD 3/16/23 DPA/SE 6-1-0
Prepared by Senate Research
April 24, 2023
ZD/sr