Assigned to JUDE FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
FACT SHEET FOR H.B. 2114
sexual conduct; minor; classification; sentence
Purpose
Increases the penalty for sexual conduct with a minor who is at least 15 years old from a
class 6 felony to a class 4 felony, if the defendant is more than 60 months older than the victim
and is at least 21 years old at the time of the offense.
Background
A person commits sexual conduct with a minor by intentionally or knowingly engaging in
sexual intercourse or oral sexual contact with any person who is under 18 years old. Sexual conduct
with a minor who is 12 years old or younger and who suffers serious physical injury during the
offense is a class 1 felony and is punishable imprisonment for natural life. Sexual conduct with a
minor who is under 15 years old is a class 2 felony and is punishable as a dangerous crime against
children. Sexual conduct with a minor who is at least 15 years old is a class 6 felony, unless the
offender is or was in a position of trust, in which case the offense is a class 2 felony and the
offender is not eligible for suspension of sentence, probation, pardon or release from confinement
on any basis (A.R.S. § 13-1405).
It is a defense to a prosecution of sexual conduct with a minor if the victim is 15, 16 or 17
years old, the defendant is under 19 years old or is attending high school and is no more than 24
months older than the victim, and the conduct is consensual. This is often referred to as the Romeo
and Juliet defense (A.R.S. § 13-1407).
A class 6 felony carries a presumptive prison sentence of 1 year, while a class 4 felony
carries a presumptive prison sentence of 2.5 years. Fines for felonies may be up to $150,000
(A.R.S. §§ 13-702 and 13-801).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Increases, from a class 6 felony to a class 4 felony, the penalty for sexual conduct with a minor
who is at least 15 years old if the defendant is more than 60 months older than the victim and
is at least 21 years old at the time of the offense.
2. Requires a person sentenced in this manner to serve at least one year in jail.
3. Becomes effective on the general effective date. FACT SHEET
H.B. 2114
Page 2
House Action
JUD 1/29/25 DP 6-2-1-0
3
rd
Read 2/12/25 39-20-1
Prepared by Senate Research
March 3, 2025
ZD/ci