Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 7, Arizona Revised Statutes, is amended by adding article 13, to read:
ARTICLE 13. LIABILITY FOR ANIMAL RESCUE COSTS
START_STATUTE12-1011. Liability for animal rescue costs
An owner is liable to
this state or a political subdivision of this state for the expenses incurred
by this state or a political subdivision of this state in rescuing animals that
belong to the owner if the animals have been cruelly treated or neglected and
the owner has been convicted of a violation of section 13-2910.END_STATUTE
Sec. 2. Section 13-604.01, Arizona Revised
Statutes, is amended to read:
START_STATUTE13-604.01. Dangerous crimes against children;
sentences; definitions
A. A person who is at least eighteen years of age
and who stands convicted of a dangerous crime against children in the first
degree involving sexual assault of a minor who is twelve years of age or younger
or sexual conduct with a minor who is twelve years of age or younger shall be
sentenced to life imprisonment and is not eligible for suspension of sentence,
probation, pardon or release from confinement on any basis except as
specifically authorized by section 31‑233, subsection A or B until the
person has served thirty‑five years or the sentence is commuted. This
subsection does not apply to masturbatory contact.
B. Except as otherwise provided in this section, a
person who is at least eighteen years of age or who has been tried as an adult
and who stands convicted of a dangerous crime against children in the first
degree involving attempted first degree murder of a minor who is under twelve
years of age, second degree murder of a minor who is under twelve years of age,
sexual assault of a minor who is under twelve years of age, sexual conduct with
a minor who is under twelve years of age or manufacturing methamphetamine under
circumstances that cause physical injury to a minor who is under twelve years
of age may be sentenced to life imprisonment and is not eligible for suspension
of sentence, probation, pardon or release from confinement on any basis except
as specifically authorized by section 31‑233, subsection A or B until the
person has served thirty‑five years or the sentence is
commuted. If a life sentence is not imposed pursuant to this
subsection, the person shall be sentenced to a presumptive term of imprisonment
for twenty years.
C. Except as otherwise provided in this section, a
person who is at least eighteen years of age or who has been tried as an adult
and who stands convicted of a dangerous crime against children in the first
degree involving attempted first degree murder of a minor who is twelve,
thirteen or fourteen years of age, second degree murder of a minor who is
twelve, thirteen or fourteen years of age, sexual assault of a minor who is
twelve, thirteen or fourteen years of age, taking a child for the purpose of
prostitution, child prostitution, sexual conduct with a minor who is twelve,
thirteen or fourteen years of age, continuous sexual abuse of a child, sex
trafficking of a minor who is under fifteen years of age, or manufacturing
methamphetamine under circumstances that cause physical injury to a minor who
is twelve, thirteen or fourteen years of age or involving or using minors in
drug offenses shall be sentenced to a presumptive term of imprisonment for
twenty years. If the convicted person has been previously convicted
of one predicate felony the person shall be sentenced to a presumptive term of
imprisonment for thirty years.
D. Except as otherwise provided in this section, a
person who is at least eighteen years of age or who has been tried as an adult
and who stands convicted of a dangerous crime against children in the first
degree involving aggravated assault, molestation of a child, commercial sexual
exploitation of a minor, sexual exploitation of a minor, child abuse or
kidnapping shall be sentenced to a presumptive term of imprisonment for
seventeen years. If the convicted person has been previously
convicted of one predicate felony the person shall be sentenced to a
presumptive term of imprisonment for twenty‑eight years.
E. Except as otherwise provided in this section, a
person who is at least eighteen years of age or who has been tried as an adult
and who stands convicted of a dangerous crime against children involving sexual
abuse under section 13‑1404 or
bestiality under section 13-1411, subsection A, paragraph 2 is
guilty of a class 3 felony and shall be sentenced to a presumptive term of
imprisonment for five years, and unless the person has previously been
convicted of a predicate felony, the presumptive term may be increased or
decreased by up to two and one‑half years pursuant to section 13‑702,
subsections B, C and D. If the person is sentenced to a term of imprisonment
the person is not eligible for release from confinement on any basis except as
specifically authorized by section 31‑233, subsection A or B until the
sentence imposed by the court has been served, the person is eligible for
release pursuant to section 41‑1604.07 or the sentence is
commuted. If the convicted person has been previously convicted of
one predicate felony the person shall be sentenced to a presumptive term of
imprisonment for fifteen years and is not eligible for suspension of sentence,
probation, pardon or release from confinement on any basis except as
specifically authorized by section 31‑233, subsection A or B until the
sentence imposed by the court has been served, the person is eligible for
release pursuant to section 41‑1604.07 or the sentence is commuted.
F. The presumptive sentences prescribed in
subsections B, C and D of this section or subsection E of this section if the
person has previously been convicted of a predicate felony may be increased or
decreased by up to seven years pursuant to the provisions of section 13‑702,
subsections B, C and D.
G. Except as provided in subsection E of this
section, a person sentenced for a dangerous crime against children in the first
degree pursuant to this section is not eligible for suspension of sentence,
probation, pardon or release from confinement on any basis except as
specifically authorized by section 31‑233, subsection A or B until the
sentence imposed by the court has been served or commuted.
H. A person who stands convicted of any dangerous
crime against children in the first degree pursuant to subsection C or D of
this section having and who has been previously
convicted of two or more predicate felonies shall be sentenced to life
imprisonment and is not eligible for suspension of sentence, probation, pardon
or release from confinement on any basis except as specifically authorized by
section 31‑233, subsection A or B until the person has served not fewer
than thirty‑five years or the sentence is commuted.
I. Notwithstanding chapter 10 of this title, a
person who is at least eighteen years of age or who has been tried as an adult
and who stands convicted of a dangerous crime against children in the second
degree pursuant to subsection C or D of this section or luring a minor for
sexual exploitation pursuant to section 13‑3554 is guilty of a class 3
felony and shall be sentenced to a presumptive term of imprisonment for ten
years. The presumptive term may be increased or decreased by up to
five years pursuant to section 13‑702, subsections B, C and
D. If the person is sentenced to a term of imprisonment the person
is not eligible for release from confinement on any basis except as
specifically authorized by section 31‑233, subsection A or B until the
person has served the sentence imposed by the court, the person is eligible for
release pursuant to section 41‑1604.07 or the sentence is commuted. A
person who is convicted of any dangerous crime against children in the second
degree having and who has been previously
convicted of one or more predicate felonies is not eligible for suspension of
sentence, probation, pardon or release from confinement on any basis except as
specifically authorized by section 31‑233, subsection A or B until the
sentence imposed by the court has been served, the person is eligible for
release pursuant to section 41‑1604.07 or the sentence is commuted.
J. Section 13‑604, subsections M and O apply
to the determination of prior convictions.
K. The sentence imposed on a person by the court for
a dangerous crime against children under subsection D of this section involving and that involves child molestation or sexual
abuse pursuant to subsection E of this section may be served concurrently with other
sentences if the offense involved only one victim. The sentence
imposed on a person for any other dangerous crime against children in the first
or second degree shall be consecutive to any other sentence imposed on the
person at any time, including child molestation and sexual abuse of the same
victim.
L. In this section, for purposes of punishment an
unborn child shall be treated like a minor who is under twelve years of age.
M. For the purposes of this section:
1. "Dangerous crime against children"
means any of the following that is committed against a minor who is under
fifteen years of age:
(a) Second degree murder.
(b) Aggravated assault resulting in serious physical
injury or involving the discharge, use or threatening exhibition of a deadly
weapon or dangerous instrument.
(c) Sexual assault.
(d) Molestation of a child.
(e) Sexual conduct with a minor.
(f) Commercial sexual exploitation of a minor.
(g) Sexual exploitation of a minor.
(h) Child abuse as prescribed in section 13‑3623,
subsection A, paragraph 1.
(i) Kidnapping.
(j) Sexual abuse.
(k) Taking a child for the purpose of prostitution
as defined prescribed in section 13‑3206.
(l) Child prostitution as defined prescribed
in section 13‑3212.
(m) Involving or using minors in drug offenses.
(n) Continuous sexual abuse of a child.
(o) Attempted first degree murder.
(p) Sex trafficking.
(q) Manufacturing methamphetamine under
circumstances that cause physical injury to a minor.
(r) Bestiality as prescribed in
section 13-1411, subsection A, paragraph 2.
A dangerous crime against children is in the first degree if it
is a completed offense and is in the second degree if it is a preparatory
offense, except attempted first degree murder is a dangerous crime against
children in the first degree.
2. "Predicate felony" means any felony
involving child abuse pursuant to section 13‑3623, subsection A,
paragraph 1, a sexual offense, conduct involving the intentional or knowing
infliction of serious physical injury or the discharge, use or threatening
exhibition of a deadly weapon or dangerous instrument, or a dangerous crime
against children in the first or second degree.END_STATUTE
Sec. 3. Section 13-1403, Arizona Revised
Statutes, is amended to read:
START_STATUTE13-1403. Public sexual indecency; public sexual
indecency to a minor; classifications
A. A person commits public sexual indecency by
intentionally or knowingly engaging in any of the following acts, if another
person is present, and the defendant is reckless about whether such other
person, as a reasonable person, would be offended or alarmed by the act:
1. An act of sexual contact.
2. An act of oral sexual contact.
3. An act of sexual intercourse.
4. An act involving
contact between the person's mouth, vulva or genitals and the anus or genitals
of an animal of
bestiality.
B. A person commits public sexual indecency to a
minor if he the person intentionally or knowingly engages
in any of the acts listed in subsection A and such person is reckless about whether a minor under the
age of fifteen years is present.
C. Public sexual indecency is a class 1
misdemeanor. Public sexual indecency to a minor is a class 5 felony.
END_STATUTE
Sec. 4. Title 13, chapter 14, Arizona Revised
Statutes, is amended by adding section 13-1411, to read:
START_STATUTE13-1411. Bestiality; classification; definition
A. A person
commits bestiality by knowingly doing either of the following:
1. Engaging
in oral sexual contact, sexual contact or sexual intercourse with an animal.
2. Causing
another person to engage in oral sexual contact, sexual contact or sexual intercourse
with an animal.
B. In
addition to any other penalty imposed for a violation of subsection A of this
section, the court may order that the convicted person do any of the following:
1. Undergo a
psychological assessment and participate in appropriate counseling at the
convicted person's own expense.
2. Reimburse
an animal shelter as defined in section 11-1022 for any reasonable costs
incurred for the care and maintenance of any animal that was taken to the
animal shelter as a result of conduct proscribed by subsection A of this
section.
C. This
section does not apply to:
1. Accepted
veterinary medical practices performed by a licensed veterinarian or veterinary
technician.
2. INsemination
of animals by the same species, bred for commercial purposes.
3. Accepted
animal husbandry practices that provide necessary care for animals bred for
commercial purposes.
D. Bestiality
is a class 6 felony, except that bestiality pursuant to Subsection A, paragraph
2 of this section is a class 3 felony punishable pursuant to section 13-604.01
if the other person is a minor under fifteen years of age.
E. For the
purposes of this section, "animal" means a nonhuman mammal, bird,
reptile or amphibian, either dead or alive. END_STATUTE
