Bill Text: AZ HB2819 | 2012 | Fiftieth Legislature 2nd Regular | Introduced
Bill Title: Child molestation; offense
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-02-09 - Referred to House JUD Committee [HB2819 Detail]
Download: Arizona-2012-HB2819-Introduced.html
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REFERENCE TITLE: child molestation; offense |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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HB 2819 |
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Introduced by Representative Ash
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AN ACT
amending sections 13-1407 and 13-1410, Arizona Revised Statutes; 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 section 13‑1404 or 13‑1410 that the defendant was not motivated by a sexual interest. It is a defense to a prosecution pursuant to section 13‑1404 involving a victim under fifteen years of age that the defendant was not motivated by a sexual interest.
F. It is a defense to a prosecution pursuant to sections 13‑1405 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 older than the victim and the conduct is consensual.
Sec. 2. Section 13-1410, Arizona Revised Statutes, is amended to read:
13-1410. Molestation of a child; classification
A. A person commits molestation of a child by intentionally or knowingly engaging in or causing a person to engage in sexual contact, except sexual contact with the female breast, with a child who is under fifteen years of age, and that sexual contact is motivated by a sexual interest.
B. Molestation of a child is a class 2 felony that is punishable pursuant to section 13‑705.
