Arizona 2024 2024 Regular Session

Arizona House Bill HB2835 Comm Sub / Analysis

Filed 02/16/2024

                      	HB 2835 
Initials JL/IG 	Page 1 	Caucus & COW 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-sixth Legislature 
Second Regular Session 
House: JUD DP 5-3-1-0 
 
HB 2835: observing nude minor; sexual gratification 
Sponsor: Representative Nguyen, LD 1 
Caucus & COW 
Overview 
Adds knowingly observing a nude minor for the purpose of a person's sexual gratification as 
to the existing criminal statute for sexual exploitation of a minor. 
History 
Under current law, 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; 
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; or 
3) 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 the age of 12 with the intent to replicate the physical features of the real 
infant or minor. 
Sexual exploitation of a minor is a class 2 felony and is punishable as a dangerous crime 
against children (DCAC) if the minor is under 15 years of age (A.R.S. § 13-3553). DCACs are 
a category of criminal offenses that may be treated differently when they involve a defendant 
who is at least 18 years old (or tried as an adult) and a victim who is below 15 years old (or 
an unborn child). Statute specifies numerous offenses that may be punishable as a DCAC, 
meaning that they can be subject to increased prison sentences and special provisions 
regarding the defendant's eligibility for probation or early release (A.R.S. § 13-705). 
Provisions 
1. Adds that a person commits sexual exploitation of a minor by knowingly observing a nude 
minor for the purpose of the person's sexual gratification. (Sec. 1) 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note