HB 2310
Initials JL Page 1 House Engrossed
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
House: JUD DPA 6-2-1-0-0-0
HB 2310: grooming; classification
Sponsor: Representative Grantham, LD 14
House Engrossed
Overview
Establishes grooming as a criminal offense classified as either a class 4 felony or a class 5
felony depending on the relationship between the defendant and the victim.
History
A.R.S. title 13, chapter 14 (sexual offenses) includes numerous offenses that specifically
relate to or may involve minors, including sexual abuse (A.R.S. § 13-1404), sexual conduct
with a minor (A.R.S. § 13-1405), molestation of a child (A.R.S. § 13-1410) and others.
Moreover, chapter 35.1 of the criminal code (sexual exploitation of children) defines several
other offenses specifically relating to minors, such as sexual exploitation of a minor (A.R.S. §
13-3553), luring a minor for sexual exploitation (A.R.S. § 13-3554) and unlawful age
misrepresentation (A.R.S. § 13-3561).
For purposes of certain sexual offenses involving minor victims, statute defines position of
trust to include a person who is or was any of the following in relation to a minor:
1) the minor's parent, stepparent, grandparent, adoptive parent, legal guardian, aunt,
uncle or foster parent;
2) the minor's teacher or any school employee or volunteer at the minor's school who is
eighteen years of age or older;
3) the minor's coach or instructor, whether the coach or instructor is an employee or
volunteer;
4) the minor's clergyman or priest or any person who is at least eighteen years of age
and who worked or volunteered for a religious organization that hosted events or
activities where the minor was in attendance;
5) engaged in a sexual or romantic relationship with the minor's parent, adoptive parent,
grandparent, aunt, uncle, legal guardian, foster parent, stepparent, step-grandparent
or sibling;
6) related to the minor by blood or marriage within the third degree and is at least ten
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
or has previously resided (A.R.S. § 13-1401).
An electronic communication device is defined in A.R.S. § 13-3561 as any electronic device
that is capable of transmitted visual depictions and includes any of the following:
1) a computer, computer system or network as defined in A.R.S. § 13-2301; and
2) a cellular telephone or wireless telephone as defined in A.R.S. § 13-4801. HB 2310
Initials JL Page 2 House Engrossed
A.R.S. § 13-1407 contains several defenses that a defendant can raise in a prosecution for
certain sexual offenses. Subsection E of that statute—commonly referred to as the Romeo
and Juliet Law—provides a defense to a prosecution for sexual conduct with a minor (A.R.S.
§ 13-1405) or aggravated luring a minor for sexual exploitation (A.R.S. § 13-3560) if all of the
following circumstances are met:
1) The victim is 15, 16 or 17 years old;
2) The defendant is under 19 years old or attending high school and is no more than 24
months older than the victim; and
3) The conduct is consensual.
Provisions
1. Creates the criminal offense of grooming, which involves a person knowingly using an
electronic communication device as defined in A.R.S. § 13-3561, performing an act in
person or through a third party or using any written communication to seduce, lure or
entice or attempt to seduce, lure or entice a minor to do either of the following:
a) commit any offense in A.R.S. title 13 in furtherance of facilitating the sexual seduction
or abuse of the minor; or
b) distribute photographs that depict a person's sex organs. (Sec. 2)
2. Classifies grooming as a class 5 felony unless the defendant is in a position of trust, in
which case the offense becomes a class 4 felony. (Sec. 2)
3. Makes the Romeo and Juliet Law applicable in grooming prosecutions. (Sec. 1)
4. Amends the Romeo and Juliet Law by removing the requirement that the defendant be
under 19 years old or attending high school and raising the applicable age-difference
between the victim and the defendant from 24 months to 3 years. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note