HB 2310 — grooming; classification

HouseSenate Engrossed House Bill grooming;

classification State(now: of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session HOUSE BILL 2310 AN ACT AMENDING SECTION 13-1407, ARIZONA REVISED STATUTES;

child enticement;

classification;

definition) State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session CHAPTER 189 HOUSE BILL 2310 AN ACT AMENDING SECTION 13-1407, ARIZONA REVISED STATUTES;

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.

Grooming;Child enticement;

classificationclassification; A.

Adefinition PERSONA. 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:

A PERSON COMMITS CHILD ENTICEMENT BY KNOWINGLY DOING EITHER OF THE FOLLOWING:

1.

USING AN ELECTRONIC COMMUNICATION DEVICE, PERFORMING AN ACT IN PERSON OR THROUGH A THIRD PARTY OR USING ANY WRITTEN COMMUNICATION TO LURE OR ENTICE OR ATTEMPT TO LURE OR ENTICE A MINOR TO DISTRIBUTE A VISUAL DEPICTION OF A PERSON’S GENITALS OR THE FEMALE BREAST.

2310 1.2.

COMMITCOMMITTING ANY OFFENSEACT IN THIS TITLE IN FURTHERANCE OF FACILITATINGOR THETO SEXUALFACILITATE SEDUCTIONTHE ORSEXUAL ABUSE OF THE MINOR.

2.

DISTRIBUTE PHOTOGRAPHS THAT DEPICT A PERSON'S SEX ORGANS.

GROOMINGTHIS ISSECTION ADOES CLASSNOT 5PROHIBIT FELONY,THE EXCEPTDISTRIBUTION OF A VISUAL DEPICTION THAT GROOMINGTAKEN ISAS A CLASSWHOLE 4HAS FELONYSERIOUS IFLITERARY, THEARTISTIC, DEFENDANTPOLITICAL ISOR INSCIENTIFIC AVALUE POSITIONFOR OFMINORS. TRUST.

C.

CHILD ENTICEMENT IS A CLASS 5 FELONY, EXCEPT THAT CHILD ENTICEMENT IS A CLASS 4 FELONY IF THE DEFENDANT IS IN A POSITION OF TRUST.

D.

FOR THE PURPOSES OF THIS SECTION:

1.

"ELECTRONIC COMMUNICATION DEVICE" HAS THE SAME MEANING AS IN SECTION 13-3561.

2.

"SEXUAL ABUSE" INCLUDES ANY OFFENSE IN CHAPTER 14 OR 35.1 OF THIS TITLE OR SECTION 13-3212.

3.

"VISUAL DEPICTION" HAS THE SAME MEANING AS IN SECTION 13-3551.

APPROVED BY THE GOVERNOR MAY 17, 2024.

FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 17, 2024.