SB 1051
Initials JL/IG Page 1 Caucus & COW
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
Senate: JUD DP 7-0-0-0 | 3
rd
Read DP 21-5-4-0-0
House: JUD DP 4-2-1-2
SB 1051: location tracking applications; disabling prohibited
Sponsor: Senator Carroll, LD 28
Caucus & COW
Overview
Establishes disabling a minor's location tracking application as a class 2 felony offense.
History
A.R.S. title 13, chapter 13 (kidnapping and related offenses) includes offenses specifically
relating to minors such as custodial interference (A.R.S. § 13-1302), kidnapping (A.R.S. § 13-
1304) and others. Kidnapping is a class 2 felony, and if the victim is under 15 years of age,
kidnapping is a class 2 felony punishable pursuant to A.R.S. § 13-705 (dangerous crimes
against children). The sentence for kidnapping a victim under 15 years of age runs
consecutively to any other sentence imposed on the defendant.
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).
An electronic communication device is defined in A.R.S. § 13-3561 as any electronic device
that is capable of transmitting 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.
A class 2 felony carries a presumptive sentence of five years for first time offenders (A.R.S. §
13-702).
Provisions
1. Creates the criminal offense of disabling a minor's location tracking application, which
involves a person knowingly disabling, or coercing a minor to disable, a location tracking
application or function that is installed on the minor's electronic communication device
while the person is committing, or attempting to commit, any of the following:
a) kidnapping or a related offense under A.R.S. title 13, chapter 13;
b) a sexual offenses under A.R.S. title 13, chapter 14;
c) a sexual exploitation of a child offense under A.R.S. title 13, chapter 35.1. (Sec. 1)
2. Classifies disabling a minor's location tracking application as a class 2 felony. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note SB 1051
Initials JL/IG Page 2 Caucus & COW
3. Defines electronic communication device. (Sec. 1)