Assigned to JUD AS PASSED BY COW ARIZONA STATE SENATE Fifty-Sixth Legislature, Second Regular Session AMENDED 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. 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. Becomes effective on the general effective date. Amendments Adopted by Committee • Removes modifications made to the statutory defense for prosecutions of sexual conduct with a minor. FACT SHEET – Amended H.B. 2242 Page 2 Amendments Adopted by Committee of the Whole • Removes the requirement that person who commits sexual conduct with a minor who is under 15 years old be sentenced to one year in jail if the convicted person is placed on probation. House Action Senate Action JUD 2/7/24 DPA 5-2-0-2 JUD 3/14/24 DPA 4-3-0 3 rd Read 2/27/24 41-17-1-0-1 Prepared by Senate Research March 28, 2024 ZD/cs