HB 2835 Initials JL/IG Page 1 House Engrossed 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 House Engrossed 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