Bill Text: AZ HB2310 | 2024 | Fifty-sixth Legislature 2nd Regular | Engrossed
Bill Title: Grooming; classification
Spectrum: Partisan Bill (Republican 6-0)
Status: (Engrossed) 2024-04-24 - Senate majority caucus: Do pass [HB2310 Detail]
Download: Arizona-2024-HB2310-Engrossed.html
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House Engrossed
grooming; classification |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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HOUSE BILL 2310 |
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An Act
amending section 13-1407, Arizona Revised Statutes; amending title 13, chapter 14, Arizona Revised Statutes, by adding section 13-1430; relating to sexual offenses.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-1407, Arizona Revised Statutes, is amended to read:
13-1407. Defenses
A. It is a defense to a prosecution pursuant to sections 13-1404 and 13-1405 involving a minor if the act was done in furtherance of lawful medical practice.
B. It is a defense to a prosecution pursuant to sections 13-1404 and 13-1405 in which the victim's lack of consent is based on incapacity to consent because the victim was fifteen, sixteen or seventeen years of age if at the time the defendant engaged in the conduct constituting the offense the defendant did not know and could not reasonably have known the age of the victim.
C. It is a defense to a prosecution pursuant to section 13-1402, 13-1404, 13-1405 or 13-1406 if the act was done by a duly licensed physician or registered nurse or a person acting under the physician's or nurse's direction, or any other person who renders emergency care at the scene of an emergency occurrence, the act consisted of administering a recognized and lawful form of treatment that was reasonably adapted to promoting the physical or mental health of the patient and the treatment was administered in an emergency when the duly licensed physician or registered nurse or a person acting under the physician's or nurse's direction, or any other person rendering emergency care at the scene of an emergency occurrence, reasonably believed that no one competent to consent could be consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent.
D. It is a defense to a prosecution pursuant to section 13-1404 or 13-1405 that the person was the spouse of the other person at the time of commission of the act. It is not a defense to a prosecution pursuant to section 13-1406 that the defendant was the spouse of the victim at the time of commission of the act.
E. It is a defense to a prosecution pursuant to sections 13-1405, 13-1430 and 13-3560 if the victim is fifteen, sixteen or seventeen years of age, the defendant is under nineteen years of age or attending high school and is no more than twenty-four months three years older than the victim and the conduct is consensual.
Sec. 2. Title 13, chapter 14, Arizona Revised Statutes, is amended by adding section 13-1430, to read:
13-1430. Grooming; classification
A. A person commits grooming by knowingly using an electronic communication device as defined in section 13-3561, performing an act in person or through a third party or using any written communication to seduce, lure or entice or attempt to seduce, lure or entice a minor to do either of the following:
1. Commit any offense in this title in furtherance of facilitating the sexual seduction or abuse of the minor.
2. Distribute photographs that depict a person's sex organs.
B. Grooming is a class 5 felony, except that grooming is a class 4 felony if the defendant is in a position of trust.
