Assigned to JUDE FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
FACT SHEET FOR H.B. 2115
observing nude minor; sexual gratification
Purpose
Deems 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 and
outlines defenses to a prosecution for sexual exploitation of a minor.
Background
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 who is under 12 years old
with the intent to replicate the physical features of the real infant or minor who is under 12 years
old. Sexual exploitation of a minor is a class 2 felony and is punishable as a dangerous crime
against children if the minor is under 15 years old (A.R.S. § 13-3553).
Current statute stipulates that it is a defense to a prosecution for sexual conduct with a
minor, child enticement and aggravated luring a minor for sexual exploitation if the victim is 15,
16 or 17 years old, the defendant is under 19 years old or attending high school and is no more
than 24 months older than the victim and the conduct is consensual (A.R.S. § 13-1407).
A class 2 felony carries a presumptive imprisonment sentence of 5 years for a first time
felony offender, with a possible maximum sentence of 35 years for aggravated offenses committed
by a category 3 repetitive offender (A.R.S. §§ 13-702 and 13-703). The fine for a felony may be
up to $150,000 (A.R.S. § 13-801).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Deems 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.
2. Stipulates that this criminal classification does not apply to consensual conduct between
minors who are at least 15, 16 or 17 years old. FACT SHEET
H.B. 2115
Page 2
3. Stipulates that a person who knowingly observed a nude minor for the purpose of engaging in
sexual conduct for the person's sexual gratification may claim a defense to a prosecution for
sexual exploitation of a minor if the:
a) victim is 15, 16 or 17 years old;
b) defendant is under 19 years old or attending high school and is no more than 24 months
older than the victim; and
c) conduct is consensual.
4. Modifies the criminal classification of sexual exploitation of a minor, as it relates to child sex
dolls, to specify that it is unlawful for a child sex doll to intend to replicate any real minor,
rather than a minor who is under 12 years old.
5. Makes technical changes.
6. Becomes effective on the general effective date.
House Action
JUD 1/22/25 DP 9-0-0-0
3
rd
Read 2/4/25 59-0-1
Prepared by Senate Research
March 3, 2025
ZD/ci