HB 2115
Initials NM/JL Caucus & COW
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
House: JUD DPA 9-0-0-0
HB 2115: observing nude minor; sexual gratification
Sponsor: Representative Nguyen, LD 1
Caucus & COW
Overview
Establishes knowingly observing a nude minor for the purpose of engaging in sexual conduct
for a person's sexual gratification as a form of criminal sexual exploitation of a minor.
History
Under current law, a person commits sexual exploitation of a minor by knowingly:
1) creating any visual depiction in which a minor is engaged in exploitive exhibition or
other sexual conduct;
2) distributing or possessing any visual depiction in which a minor is engaged in
exploitive exhibition or other sexual conduct; or
3) possessing or distributing a child sex doll that uses the likeness of a real minor under
the age of 12 with the intent to replicate the physical features of said minor (A.R.S. §
13-3553).
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).
Under A.R.S. § 13-1407, subsection E (commonly referred to as the Romeo and Juliet Law),
it is a defense to a prosecution for certain offenses involving sexual conduct with a minor if
all of the following 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 no more than 24
months older than the victim; and
3) the conduct is consensual.
Provisions
1. Adds that a person commits sexual exploitation of a minor by knowingly observing a nude
minor for the purpose of engaging in sexual conduct for the person's sexual gratification.
(Sec. 2)
2. Makes the Romeo and Juliet Law applicable in prosecutions for this new form of sexual
exploitation of a minor. (Sec. 1)
HB 2115
Initials NM/JL Caucus & COW
Amendments
Committee on Judiciary
1. Specifies that this Act's additional form of sexual exploitation of a minor does not apply
to a person under 18 years old.