HB 2310
Initials JL Page 1 Senate Engrossed
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
House: JUD DPA 6-2-1-0-0-0 | 3
rd
Read DPA 44-11-2-0-3
Senate: JUD DPA 4-3-0-0 | 3
rd
Read DPA 27-2-1-0-0
HB 2310: grooming; classification
NOW: child enticement; classification; definition
Sponsor: Representative Grantham, LD 14
Senate Engrossed
Overview
Establishes child enticement as a criminal offense classified as either a class 5 felony or a
class 4 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;
8) an employee of a group home or residential treatment facility where the minor resides
or has previously resided (A.R.S. § 13-1401).
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. HB 2310
Initials JL Page 2 Senate Engrossed
§ 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;
3) the conduct is consensual.
Provisions
1. Creates the criminal offense of child enticement, which involves a person knowingly doing
either of the following:
a) using an electronic communication device, performing an act in person or through a
third party or using any written communication to lure or entice or attempt to lure or
entice a minor to distribute a visual depiction of a person's genitals or the female
breast;
b) committing any act in furtherance of or to facilitate the sexual abuse of the minor.
(Sec. 2)
2. Classifies child enticement 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 prosecutions for child enticement. (Sec. 1)
4. For purposes of child enticement, prescribed definitions as follows:
a) electronic communication device has the same meaning as in A.R.S. § 13-3561;
b) sexual abuse includes any offense in A.R.S. title 13, chapter 14 (sexual offenses) or
35.1 (sexual exploitation of children);
c) visual depiction has the same meaning as in A.R.S. § 13-3551. (Sec. 2)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note