Assigned to JUD FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
FACT SHEET FOR H.B. 2242
sexual conduct; minor; classification; sentence
Purpose
Increases the penalty for sexual conduct with a minor who is at least 15 years old from a
class 6 felony to a class 4 felony. Modifies the statutory defense to a prosecution for sexual conduct
with a minor.
Background
A person commits sexual conduct with a minor by intentionally or knowingly engaging in
sexual intercourse or oral sexual contact with any person who is under 18 years old. Sexual conduct
with a minor who is under 15 years old is a class 2 felony and is punishable as a dangerous crime
against children. Sexual conduct with a minor who is at least 15 years old is a class 6 felony, unless
the offender is or was in a position of trust, in which case the offense is a class 2 felony and the
offender is not eligible for suspension of sentence, probation, pardon or release from confinement
on any basis (A.R.S. § 13-1405).
It is a defense to a prosecution of sexual conduct with a minor if the victim is 15, 16 or 17
years old, the defendant is under 19 years old or is attending high school, and is no more than 24
months older than the victim, and the conduct is consensual (A.R.S. § 13-1407).
A class 6 felony carries a presumptive prison sentence of 1 year, while a class 4 felony
carries a presumptive prison sentence of 2.5 years. Fines for felonies may be up to $150,000
(A.R.S. §§ 13-702 and 13-801).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Increases, from a class 6 felony to a class 4 felony, sexual conduct with a minor who is at least
15 years old.
2. Requires a person who is convicted of sexual conduct with a minor who is at least 15 years old
and who is placed on probation to serve one year in jail.
3. Modifies the defense to a prosecution of sexual conduct with a minor by:
a) allowing the defendant to be no more than three years older than the victim, rather than no
more than 24 months older; and
b) removing the requirement that the defendant be under 19 years old or attending high school.
4. Becomes effective on the general effective date. FACT SHEET
H.B. 2242
Page 2
House Action
JUD 2/7/24 DPA 5-2-0-2
3
rd
Read 2/27/24 41-17-1-0-1
Prepared by Senate Research
March 12, 2024
ZD/cs