SB 1152
Initials NM Page 1 Judiciary
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
Senate: JUDE DP 4-3-0-0 | 3
rd
Read 17-12-0-1
SB 1152: early voting; mailing date
S/E: indistinguishable; visual depiction; DCAC; definition
Sponsor: Senator Gowan, LD 19
Committee on Judiciary
Summary of the Strike-Everything Amendment to SB 1152
Overview
Modifies the definition of dangerous crimes against children (DCACs) to include visual
depictions that are indistinguishable from actual minors for the crimes of commercial and
non-commercial sexual exploitation of a minor.
History
A.R.S. § 13-705 outlines enhanced sentencing provisions for adults who are convicted of
DCACs. These crimes are defined as specific offenses committed against minors under the
age of 15. The statute classifies DCACs into first-degree and second-degree offenses, with
first-degree applying to completed crimes and second-degree to preparatory acts; except that
attempted first-degree murder is treated as a first-degree DCAC. DCACs include sexual
assault, child molestation, sexual conduct with a minor, child sex trafficking, commercial or
sexual exploitation, kidnapping, child abuse and certain drug offenses involving minors.
Arizona law defines both commercial and non-commercial sexual exploitation of minors as
felonies. Sexual exploitation of a minor includes knowingly creating, distributing, possessing
or exchanging any visual depictions of a minor engaged in sexual conduct or exploitive
exhibition, as well as possessing or trading child sex dolls that realistically replicate children
under 12 (A.R.S. § 13-3553). Commercial sexual exploitation of a minor occurs when someone
knowingly uses or facilitates a minor's involvement in sexual conduct or exploitive exhibition
for financial or commercial gain — this includes acts such as producing pornography,
transporting minors for such purposes or using their images in prostitution advertisements
(A.R.S. § 13-3552).
Provisions
1. Expands the definition of DCAC to include a visual depiction that is indistinguishable
from an actual minor under 15 years of age, for the crimes of commercial sexual
exploitation of a minor and sexual exploitation of a minor. (Sec. 1)
2. Makes technical changes. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note