Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 7, Arizona Revised Statutes, is amended by adding section 13-713, to read:
START_STATUTE13-713. Dangerous crimes against incapacitated
or vulnerable adults; allegation; sentencing; definitions
A. The
allegation that the defendant committed a dangerous crime against an
incapacitated adult or vulnerable adult shall be charged in the indictment or
information and admitted or found by the court. The court shall allow the
allegation that the defendant committed a dangerous crime against an
incapacitated adult or vulnerable adult:
1. If the
allegation is filed twenty or more days before the case is actually tried.
2. If the
allegation is filed fewer than twenty days before the case is actually tried
and the court finds on the record that the defendant was in fact prejudiced by
the untimely filing and states the reasons for these findings.
B. A person
who is convicted of a dangerous crime against an incapacitated adult or
vulnerable adult is not eligible for suspension of sentence, probation, pardon
or release from confinement on any basis except as authorized by section
31-233, subsection a or b until the sentence imposed by the court has been
served or commuted.
C. In
imposing a sentence, the court shall consider the evidence and opinions
presented by the victim as provided in chapter 40 of this title.
D. For the
purposes of this section:
1. "Dangerous
crime against an incapacitated adult or vulnerable adult" means any of the
following offenses committed against an incapacitated adult or vulnerable
adult:
(a) Second degree murder.
(b) Attempted first degree murder.
(c) Endangerment involving a
substantial risk of imminent death.
(d) Aggravated assault resulting in
serious physical injury or involving the discharge, use or threatening
exhibition of a deadly weapon or dangerous instrument.
(e) Kidnapping.
(f) Sex trafficking.
(g) Sexual abuse.
(h) Sexual Assault.
(i) Felony theft pursuant to section
13-1802, subsection B.
(j) Felony unlawful use of power of
attorney.
(k) Taking identity of another
person or entity.
(l) Aggravated taking identity of
another person or entity.
(m) Fraudulent schemes and
artifices.
(n) Receiving earnings of a
prostitute.
(o) Pandering.
(p) Vulnerable adult abuse.
(q) An offense involving financial
exploitation as prescribed by section 46-456.
2. "Incapacitated
adult" means a person who is at least eighteen years of age and who lacks
sufficient understanding or capacity to make or communicate informed decisions
concerning himself because of an impairment by reason of mental illness, mental
deficiency, mental disorder, physical illness or disability, advanced age,
chronic use of drugs, chronic intoxication or other cause.
3. "Vulnerable
adult" means a person who is at least eighteen years of age and who is
unable to protect himself from abuse, neglect or exploitation by others because
of a physical or mental impairment. END_STATUTE
Sec. 2. Section 13-1104, Arizona Revised
Statutes, is amended to read:
START_STATUTE13-1104. Second degree murder; classification
A. A person commits
second degree murder if without premeditation:
1. The person intentionally causes the death of
another person, including an unborn child or, as a result of intentionally
causing the death of another person, causes the death of an unborn child; or
2. Knowing that the person's conduct will cause
death or serious physical injury, the person causes the death of another
person, including an unborn child or, as a result of knowingly causing the
death of another person, causes the death of an unborn child; or
3. Under circumstances manifesting extreme
indifference to human life, the person recklessly engages in conduct that
creates a grave risk of death and thereby causes the death of another person,
including an unborn child or, as a result of recklessly causing the death of
another person, causes the death of an unborn child.
B. An offense under this section applies to an
unborn child in the womb at any stage of its development. A person may not be
prosecuted under this section if any of the following applies:
1. The person was performing an abortion for which
the consent of the pregnant woman, or a person authorized by law to act on the
pregnant woman's behalf, has been obtained or for which the consent was implied
or authorized by law.
2. The person was performing medical treatment on
the pregnant woman or the pregnant woman's unborn child.
3. The person was the
unborn child's mother.
C. Second degree murder is a class 1 felony and is
punishable as provided by section 13-705 if the victim is under fifteen years
of age or is an unborn child, section 13-706, subsection A, or
section 13‑710 or section 13-713
if the victim is an incapacitated adult or vulnerable adult. END_STATUTE
Sec. 3. Section 13-1105, Arizona Revised
Statutes, is amended to read:
START_STATUTE13-1105. First degree murder; classification
A. A person commits first degree murder if:
1. Intending or knowing that the person's conduct
will cause death, the person causes the death of another person, including an
unborn child, with premeditation or, as a result of causing the death of
another person with premeditation, causes the death of an unborn child.
2. Acting either alone or with one or more other
persons the person commits or attempts to commit sexual conduct with a minor
under section 13‑1405, sexual assault under section 13‑1406,
molestation of a child under section 13‑1410, terrorism under section 13‑2308.01,
marijuana offenses under section 13‑3405, subsection A, paragraph 4,
dangerous drug offenses under section 13‑3407, subsection A, paragraphs 4
and 7, narcotics offenses under section 13‑3408, subsection A, paragraph
7 that equal or exceed the statutory threshold amount for each offense or
combination of offenses, involving or using minors in drug offenses under
section 13‑3409, kidnapping under section 13‑1304, burglary under
section 13‑1506, 13‑1507 or 13‑1508, arson under section 13‑1703
or 13‑1704, robbery under section 13‑1902, 13‑1903 or 13‑1904,
escape under section 13‑2503 or 13‑2504, child abuse under section
13‑3623, subsection A, paragraph 1 or unlawful flight from a pursuing law
enforcement vehicle under section 28‑622.01 and, in the course of and in
furtherance of the offense or immediate flight from the offense, the person or
another person causes the death of any person.
3. Intending or knowing that the person's conduct
will cause death to a law enforcement officer, the person causes the death of a
law enforcement officer who is in the line of duty.
B. Homicide, as prescribed in subsection A,
paragraph 2 of this section, requires no specific mental state other than what
is required for the commission of any of the enumerated felonies.
C. An offense under subsection A, paragraph 1 of
this section applies to an unborn child in the womb at any stage of its
development. A person shall not be prosecuted under subsection A, paragraph 1
of this section if any of the following applies:
1. The person was performing an abortion for which
the consent of the pregnant woman, or a person authorized by law to act on the
pregnant woman's behalf, has been obtained or for which the consent was implied
or authorized by law.
2. The person was performing medical treatment on
the pregnant woman or the pregnant woman's unborn child.
3. The person was the unborn child's mother.
D. If the
victim is an incapacitated adult or vulnerable adult, attempted first degree
murder is punishable pursuant to section 13-713.
D. E. First degree
murder is a class 1 felony and is punishable by death or life imprisonment as
provided by sections 13-751 and 13‑752. END_STATUTE
Sec. 4. Section 13-1201, Arizona Revised
Statutes, is amended to read:
START_STATUTE13-1201. Endangerment; classification
A. A person commits endangerment by recklessly
endangering another person with a substantial risk of imminent death or physical
injury.
B. Endangerment involving a substantial risk of
imminent death is a class 6 felony, and
if the victim is an incapacitated adult or vulnerable adult it is punishable
pursuant to section 13-713. In all other cases, it is
a class 1 misdemeanor. END_STATUTE
Sec. 5. Section 13-1204, Arizona Revised
Statutes, is amended to read:
START_STATUTE13-1204. Aggravated assault; classification;
definition
A. A person commits aggravated assault if the person
commits assault as prescribed by section 13‑1203 under any of the
following circumstances:
1. If the person causes serious physical injury to
another.
2. If the person uses a deadly weapon or dangerous
instrument.
3. If the person commits the assault by any means of
force that causes temporary but substantial disfigurement, temporary but
substantial loss or impairment of any body organ or part or a fracture of any
body part.
4. If the person commits the assault while the
victim is bound or otherwise physically restrained or while the victim's
capacity to resist is substantially impaired.
5. If the person commits the assault after entering
the private home of another with the intent to commit the assault.
6. If the person is eighteen years of age or older
and commits the assault on a child who is fifteen years of age or under.
7. If the person commits assault as prescribed by
section 13‑1203, subsection A, paragraph 1 or 3 and the person is in
violation of an order of protection issued against the person pursuant to
section 13‑3602 or 13‑3624.
8. If the person commits the assault knowing or
having reason to know that the victim is any of the following:
(a) A peace officer, or a person summoned and
directed by the officer while engaged in the execution of any official duties.
(b) A constable, or a person summoned and directed
by the constable while engaged in the execution of any official duties.
(c) A firefighter, fire investigator, fire
inspector, emergency medical technician or paramedic engaged in the execution
of any official duties, or a person summoned and directed by such individual
while engaged in the execution of any official duties.
(d) A teacher or other person employed by any school
and the teacher or other employee is on the grounds of a school or grounds
adjacent to the school or is in any part of a building or vehicle used for
school purposes, any teacher or school nurse visiting a private home in the
course of the teacher's or nurse's professional duties or any teacher engaged
in any authorized and organized classroom activity held on other than
school grounds.
(e) A health care practitioner who is certified or
licensed pursuant to title 32, chapter 13, 15, 17 or 25, or a person summoned
and directed by the licensed health care practitioner while engaged in the
person's professional duties. This subdivision does not apply if the
person who commits the assault is seriously mentally ill, as defined in section
36‑550, or is afflicted with alzheimer's disease or related dementia.
(f) A prosecutor.
9. If the person
knowingly takes or attempts to exercise control over any of the following:
(a) A peace officer's or other officer's firearm and
the person knows or has reason to know that the victim is a peace officer or
other officer employed by one of the agencies listed in paragraph 10,
subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection and is
engaged in the execution of any official duties.
(b) Any weapon other than a firearm that is being
used by a peace officer or other officer or that the officer is attempting to
use, and the person knows or has reason to know that the victim is a peace
officer or other officer employed by one of the agencies listed in paragraph
10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection and
is engaged in the execution of any official duties.
(c) Any implement that is being used by a peace
officer or other officer or that the officer is attempting to use, and the
person knows or has reason to know that the victim is a peace officer or other
officer employed by one of the agencies listed in paragraph 10, subdivision
(a), item (i), (ii), (iii), (iv) or (v) of this subsection and is engaged in
the execution of any official duties. For the purposes of this subdivision,
"implement" means an object that is designed for or that is capable
of restraining or injuring an individual. Implement does not include
handcuffs.
10. If the person meets both of the following
conditions:
(a) Is imprisoned or otherwise subject to the
custody of any of the following:
(i) The state department of corrections.
(ii) The department of juvenile corrections.
(iii) A law enforcement agency.
(iv) A county or city jail or an adult or juvenile
detention facility of a city or county.
(v) Any other entity that is contracting with the
state department of corrections, the department of juvenile corrections, a law
enforcement agency, another state, any private correctional facility, a county,
a city or the federal bureau of prisons or other federal agency that has
responsibility for sentenced or unsentenced prisoners.
(b) Commits an assault knowing or having reason to
know that the victim is acting in an official capacity as an employee of any of
the entities listed in subdivision (a) of this paragraph.
B. If the
victim is an incapacitated adult or vulnerable adult, aggravated assault
pursuant to subsection A, paragraph 1 or 2 of this section is punishable
pursuant to section 13-713.
B. C. Except pursuant to
subsections C and D and E of this section,
aggravated assault pursuant to subsection A, paragraph 1 or 2 or paragraph 9,
subdivision (a) of this section is a class 3 felony except if the victim is
under fifteen years of age in which case it is a class 2 felony punishable
pursuant to section 13-705. Aggravated assault pursuant to
subsection A, paragraph 3 of this section is a class 4 felony. Aggravated
assault pursuant to subsection A, paragraph 9, subdivision (b) or paragraph 10
of this section is a class 5 felony. Aggravated assault pursuant to
subsection A, paragraph 4, 5, 6, 7 or 8 or paragraph 9, subdivision (c) of this
section is a class 6 felony.
C. D. Aggravated
assault pursuant to subsection A, paragraph 1 or 2 of this section committed on
a peace officer while the officer is engaged in the execution of any official
duties is a class 2 felony. Aggravated assault pursuant to subsection A,
paragraph 3 of this section committed on a peace officer while the officer is
engaged in the execution of any official duties is a class 3 felony.
Aggravated assault pursuant to subsection A, paragraph 8, subdivision (a) of
this section resulting in any physical injury to a peace officer while the
officer is engaged in the execution of any official duties is a class 5 felony.
D. E. Aggravated
assault pursuant to:
1. Subsection A, paragraph 1 or 2 of this section is
a class 2 felony if committed on a prosecutor.
2. Subsection A, paragraph 3 of this section is a
class 3 felony if committed on a prosecutor.
3. Subsection A, paragraph 8, subdivision (f) of
this section is a class 5 felony if the assault results in physical injury to a
prosecutor.
E. F. For the purposes
of this section, "prosecutor" means a county attorney, a municipal
prosecutor or the attorney general and includes an assistant or deputy county
attorney, municipal prosecutor or attorney general. END_STATUTE
Sec. 6. Section 13-1304, Arizona Revised
Statutes, is amended to read:
START_STATUTE13-1304. Kidnapping; classification;
consecutive sentence
A. A person commits kidnapping by knowingly
restraining another person with the intent to:
1. Hold the victim for ransom, as a shield or
hostage; or
2. Hold the victim for involuntary servitude; or
3. Inflict death, physical injury or a sexual
offense on the victim, or to otherwise aid in the commission of a felony; or
4. Place the victim or a third person in reasonable
apprehension of imminent physical injury to the victim or the third person; or
5. Interfere with the performance of a governmental
or political function; or
6. Seize or exercise control over any airplane,
train, bus, ship or other vehicle.
B. Kidnapping is a class 2 felony unless the victim
is released voluntarily by the defendant without physical injury in a safe
place before arrest and before accomplishing any of the further enumerated
offenses in subsection A of this section in which case it is a class 4 felony.
If the victim is released pursuant to an agreement with the state and without
any physical injury, it is a class 3 felony. If the victim is under
fifteen years of age kidnapping is a class 2 felony punishable pursuant to
section 13‑705. The sentence for kidnapping of a victim under
fifteen years of age shall run consecutively to any other sentence imposed on
the defendant and to any undischarged term of imprisonment of the defendant. If the victim is an incapacitated adult or
vulnerable adult, kidnapping is punishable pursuant to section 13-713.END_STATUTE
Sec. 7. Section 13-1307, Arizona Revised
Statutes, is amended to read:
START_STATUTE13-1307. Sex trafficking; classification
A. It is unlawful for
a person to knowingly recruit, entice, harbor, transport, provide or obtain by
any means another person who is eighteen years of age or older with the intent
of causing the other person to engage in prostitution by force, fraud or coercion.
B. It is unlawful for a person to recruit, entice,
harbor, transport, provide or obtain by any means another person who is under
eighteen years of age with the intent of causing the other person to engage in
prostitution.
C. Notwithstanding any other law, a sentence imposed
on a person for a violation of subsection B of this section shall be
consecutive to any other sentence imposed on the person at any time.
D. A person who violates this section is guilty of a
class 2 felony, except that if the offense is committed against a person who is
under fifteen years of age, the offense is a dangerous crime against children
punishable pursuant to section 13‑705.
E. If the
victim is an incapacitated adult or vulnerable adult, sex trafficking is
punishable pursuant to section 13-713. END_STATUTE
Sec. 8. Section 13-1404, Arizona Revised
Statutes, is amended to read:
START_STATUTE13-1404. Sexual abuse; classification
A. A person commits
sexual abuse by intentionally or knowingly engaging in sexual contact with any
person who is fifteen or more years of age without consent of that person or
with any person who is under fifteen years of age if the sexual contact
involves only the female breast.
B. Sexual abuse is a class 5 felony unless the
victim is under fifteen years of age in which case sexual abuse is a class 3
felony punishable pursuant to section 13‑705.
C. If the
victim is an incapacitated adult or vulnerable adult, sex abuse is punishable
pursuant to section 13-713. END_STATUTE
Sec. 9. Section 13-1406, Arizona Revised
Statutes, is amended to read:
START_STATUTE13-1406. Sexual assault; classification;
increased punishment
A. A
person commits sexual assault by intentionally or knowingly engaging in sexual
intercourse or oral sexual contact with any person without consent of such
person.
B. Sexual assault is a class 2
felony, and the person convicted shall be sentenced pursuant to this section
and the person 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. If the victim is under fifteen years of age,
sexual assault is punishable pursuant to section 13‑705. If the victim is
an incapacitated adult or vulnerable adult, sexual assault is punishable
pursuant to section 13-713. The presumptive
term may be aggravated or mitigated within the range under this section
pursuant to section 13‑701, subsections C, D and E. If the sexual assault involved
the intentional or knowing administration of flunitrazepam, gamma hydroxy
butyrate or ketamine hydrochloride without the victim's knowledge, the
presumptive, minimum and maximum sentence for the offense shall be increased by
three years. The additional sentence imposed pursuant to this subsection is in
addition to any enhanced sentence that may be applicable. The term for a first
offense is as follows:
Minimum Presumptive Maximum
5.25 years 7 years 14
years
The term for a
defendant who has one historical prior felony conviction is as follows:
Minimum Presumptive Maximum
7 years 10.5 years 21
years
The term for a
defendant who has two or more historical prior felony convictions is as
follows:
Minimum Presumptive Maximum
14 years 15.75 years 28
years
C. The sentence imposed on a person
for a sexual assault shall be consecutive to any other sexual assault sentence
imposed on the person at any time.
D. Notwithstanding section
13‑703, section 13‑704, section 13‑705, section 13‑706,
subsection A and section 13‑708, subsection D, if the
sexual assault involved the intentional or knowing infliction of serious
physical injury, the person 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 at least twenty‑five years have been served or
the sentence is commuted. If the person was at least eighteen years of age and
the victim was twelve years of age or younger, the person shall be sentenced
pursuant to section 13‑705. END_STATUTE
Sec. 10. Section 13-1802, Arizona Revised
Statutes, is amended to read:
START_STATUTE13-1802. Theft; classification
A. A person commits theft if, without lawful
authority, the person knowingly:
1. Controls property of another with the intent to
deprive the other person of such property; or
2. Converts for an unauthorized term or use services
or property of another entrusted to the defendant or placed in the defendant's
possession for a limited, authorized term or use; or
3. Obtains services or property of another by means
of any material misrepresentation with intent to deprive the other person of
such property or services; or
4. Comes into control of lost, mislaid or
misdelivered property of another under circumstances providing means of inquiry
as to the true owner and appropriates such property to the person's own or
another's use without reasonable efforts to notify the true owner; or
5. Controls property of another knowing or having
reason to know that the property was stolen; or
6. Obtains services known to the defendant to be
available only for compensation without paying or an agreement to pay the
compensation or diverts another's services to the person's own or another's
benefit without authority to do so.
B. A person commits theft if the person knowingly
takes control, title, use or management of an incapacitated or vulnerable
adult's assets or property through intimidation or deception, as defined in
section 46‑456, while acting in a position of trust and confidence and
with the intent to deprive the incapacitated or vulnerable adult of the asset
or property.
C. The inferences set forth in section 13‑2305
apply to any prosecution under subsection A, paragraph 5 of this section.
D. At the conclusion of any grand jury proceeding,
hearing or trial, the court shall preserve any trade secret that is admitted in
evidence or any portion of a transcript that contains information relating to
the trade secret pursuant to section 44‑405.
E. Theft of property or services with a value of
twenty‑five thousand dollars or more is a class 2 felony. Theft of
property or services with a value of four thousand dollars or more but less
than twenty‑five thousand dollars is a class 3 felony. Theft of property
or services with a value of three thousand dollars or more but less than four
thousand dollars is a class 4 felony, except that theft of any vehicle engine
or transmission is a class 4 felony regardless of value. Theft of property or
services with a value of two thousand dollars or more but less than three
thousand dollars is a class 5 felony. Theft of property or services with a
value of one thousand dollars or more but less than two thousand dollars is a
class 6 felony. Theft of any property or services valued at less
than one thousand dollars is a class 1 misdemeanor, unless the property is
taken from the person of another, is a firearm or is a dog taken for the purpose
of dog fighting in violation of section 13‑2910.01, in which case the
theft is a class 6 felony.
F. A person who is convicted of a violation of
subsection A, paragraph 1 or 3 of this section that involved property with a
value of one hundred thousand dollars or more is not eligible for suspension of
sentence, probation, pardon or release from confinement on any basis except
pursuant to 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.
G. If the
victim is an incapacitated adult or vulnerable adult, theft pursuant to
subsection B of this section is punishable pursuant to section 13-713. END_STATUTE
Sec. 11. Section 13-1815, Arizona Revised
Statutes, is amended to read:
START_STATUTE13-1815. Unlawful use of power of attorney;
classification
A. An agent who holds a principal's power of attorney
pursuant to title 14, chapter 5, article 5 and who uses or manages the
principal's assets or property with the intent to unlawfully deprive that
person of the asset or property is guilty of theft.
B. A violation of this section carries the same
classification as theft pursuant to section 13‑1802, and if the victim is an incapacitated adult or vulnerable
adult, it is punishable pursuant to section 13‑713. END_STATUTE
Sec. 12. Section 13-2008, Arizona Revised
Statutes, is amended to read:
START_STATUTE13-2008. Taking identity of another person or
entity; knowingly accepting identity of another person; classification
A. A person commits taking the identity of another
person or entity if the person knowingly takes, purchases, manufactures,
records, possesses or uses any personal identifying information or entity
identifying information of another person or entity, including a real or
fictitious person or entity, without the consent of that other person or
entity, with the intent to obtain or use the other person's or entity's
identity for any unlawful purpose or to cause loss to a person or entity
whether or not the person or entity actually suffers any economic loss as a
result of the offense, or with the intent to obtain or continue employment.
B. A person commits knowingly accepting the identity
of another person if the person, in hiring an employee, knowingly does both of
the following:
1. Accepts any personal identifying information of
another person from an individual and knows that the individual is not the
actual person identified by that information.
2. Uses that identity information for the purpose of
determining whether the individual who presented that identity information has
the legal right or authorization under federal law to work in the United States as described and determined under the processes and procedures under 8 United States Code section 1324a.
C. On the request of a person or entity, a peace
officer in any jurisdiction in which an element of an offense under this
section is committed, a result of an offense under this section occurs or the
person or entity whose identity is taken or accepted resides or is located
shall take a report. The peace officer may provide a copy of the report to any
other law enforcement agency that is located in a jurisdiction in which a
violation of this section occurred.
D. If a defendant is
alleged to have committed multiple violations of this section within the same
county, the prosecutor may file a complaint charging all of the violations and
any related charges under other sections that have not been previously filed in
any precinct in which a violation is alleged to have occurred. If a
defendant is alleged to have committed multiple violations of this section
within the state, the prosecutor may file a complaint charging all of the
violations and any related charges under other sections that have not been
previously filed in any county in which a violation is alleged to have
occurred.
E. This section does not apply to a violation of
section 4‑241 by a person who is under twenty-one years of age.
F. Taking the identity of another person or entity
or knowingly accepting the identity of another person is a class 4 felony, and if the victim is an incapcitated adult
or vulnerable adult, it is punishable pursuant to section 13-713.END_STATUTE
Sec. 13. Section 13-2009, Arizona Revised
Statutes, is amended to read:
START_STATUTE13-2009. Aggravated taking identity of another
person or entity; classification
A. A person commits aggravated taking the identity
of another person or entity if the person knowingly takes, purchases,
manufactures, records, possesses or uses any personal identifying information
or entity identifying information of either:
1. Three or more other persons or entities,
including real or fictitious persons or entities, without the consent of the
other persons or entities, with the intent to obtain or use the other persons'
or entities' identities for any unlawful purpose or to cause loss to the
persons or entities whether or not the persons or entities actually suffer any
economic loss.
2. Another person or entity, including a real or
fictitious person or entity, without the consent of that other person or
entity, with the intent to obtain or use the other person's or entity's
identity for any unlawful purpose and causes another person or entity to suffer
an economic loss of three thousand dollars or more.
3. Another person, including a real or fictitious
person, with the intent to obtain employment.
B. In an action for aggravated taking the identity
of another person or entity under subsection A, paragraph 1 of this section,
proof of possession out of the regular course of business of the personal
identifying information or entity identifying information of three or more
other persons or entities may give rise to an inference that the personal
identifying information or entity identifying information of the three or more
other persons or entities was possessed for an unlawful purpose.
C. This section does
not apply to a violation of section 4‑241 by a person who is under
twenty-one years of age.
D. Aggravated taking the identity of another person
or entity is a class 3 felony, and if
the victim is an incapacitated adult or vulnerable adult, it is punishable
pursuant to section 13-713. END_STATUTE
Sec. 14. Section 13-2310, Arizona Revised
Statutes, is amended to read:
START_STATUTE13-2310. Fraudulent schemes and artifices;
classification; definition
A. Any person who, pursuant to a scheme or artifice
to defraud, knowingly obtains any benefit by means of false or fraudulent
pretenses, representations, promises or material omissions is guilty of a class
2 felony.
B. Reliance on the part of any person shall not be a
necessary element of the offense described in subsection A of this section.
C. A person who is convicted of a violation of this
section that involved a benefit with a value of one hundred thousand dollars or
more is not eligible for suspension of sentence, probation, pardon or release
from confinement on any basis except pursuant to 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.
D. If the
victim is an incapacitated adult or vulnerable adult, fraudulent schemes and
artifices pursuant to subsection A of this section is punishable pursuant to
section 13-713.
D. E. The state shall
apply the aggregation prescribed by section 13‑1801, subsection B to
violations of this section in determining the applicable punishment.
E. F. As used in For the purposes of this section, "scheme
or artifice to defraud" includes a scheme or artifice to deprive a person
of the intangible right of honest services. END_STATUTE
Sec. 15. Section 13-3204, Arizona Revised
Statutes, is amended to read:
START_STATUTE13-3204. Receiving earnings of prostitute;
classification
A. A
person who knowingly receives money or other valuable thing from the earnings
of a person engaged in prostitution,
is guilty of a class 5 felony.
B. If the
person who engaged in the prostitution is an incapacitated adult or vulnerable
adult, receiving the earnings of a prostitute is punishable pursuant to section
13-713. END_STATUTE
Sec. 16. Section
13-3209, Arizona Revised Statutes, is amended to read:
START_STATUTE13-3209. Pandering; classification
A. A person is guilty of a class 5
felony who knowingly:
1. Places any person in the charge or custody of any
other person for purposes of prostitution.
2. Places any person in a house of prostitution with
the intent that such person lead a life of prostitution.
3. Compels, induces or encourages any person to
reside with that person, or with any other person, for the purpose of
prostitution.
4. Compels, induces or encourages any person to lead
a life of prostitution.
B. If the
victim is an incapacitated adult or vulnerable adult, pandering is punishable
pursuant to section 13-713. END_STATUTE
Sec. 17. Section 13-3623, Arizona Revised
Statutes, is amended to read:
START_STATUTE13-3623. Child or vulnerable adult abuse;
emotional abuse; classification; exceptions; definitions
A. Under
circumstances likely to produce death or serious physical injury, any person
who causes a child or vulnerable adult to suffer physical injury or, having the
care or custody of a child or vulnerable adult, who causes or permits the
person or health of the child or vulnerable adult to be injured or who causes
or permits a child or vulnerable adult to be placed in a situation where the
person or health of the child or vulnerable adult is endangered is guilty of an
offense as follows:
1. If done intentionally or knowingly, the offense
is a class 2 felony and if the victim is under fifteen years of age it is
punishable pursuant to section 13‑705.
2. If done recklessly, the offense is a class 3
felony.
3. If done with criminal negligence, the offense is
a class 4 felony.
B. Under circumstances other than those likely to
produce death or serious physical injury to a child or vulnerable adult, any
person who causes a child or vulnerable adult to suffer physical injury or
abuse or, having the care or custody of a child or vulnerable adult, who causes
or permits the person or health of the child or vulnerable adult to be injured
or who causes or permits a child or vulnerable adult to be placed in a
situation where the person or health of the child or vulnerable adult is
endangered is guilty of an offense as follows:
1. If done intentionally or knowingly, the offense
is a class 4 felony.
2. If done recklessly, the offense is a class 5
felony.
3. If done with criminal negligence, the offense is
a class 6 felony.
C. For the purposes of subsections A and B of this
section, the terms endangered and abuse include but are not limited to circumstances
in which a child or vulnerable adult is permitted to enter or remain in any
structure or vehicle in which volatile, toxic or flammable chemicals are found
or equipment is possessed by any person for the purpose of manufacturing a
dangerous drug in violation of section 13‑3407, subsection A, paragraph 3
or 4. Notwithstanding any other provision of this section, a violation
committed under the circumstances described in this subsection does not require
that a person have care or custody of the child or vulnerable adult.
D. A person who intentionally or knowingly engages
in emotional abuse of a vulnerable adult who is a patient or resident in any
setting in which health care, health‑related services or assistance with
one or more of the activities of daily living is provided or, having the care
or custody of a vulnerable adult, who intentionally or knowingly subjects or
permits the vulnerable adult to be subjected to emotional abuse is guilty of a
class 6 felony.
E. If the
victim is an incapacitated adult or vulnerable adult, a violation of subsection
A, B or c of this section is punishable pursuant to section 13-713.
E. F. This section does
not apply to:
1. A health care provider as defined in section 36‑3201
who permits a patient to die or the patient's condition to deteriorate by not
providing health care if that patient refuses that care directly or indirectly
through a health care directive as defined in section 36‑3201, through a
surrogate pursuant to section 36‑3231 or through a court appointed
guardian as provided for in title 14, chapter 5, article 3.
2. A vulnerable adult who is being furnished
spiritual treatment through prayer alone and who would not otherwise be
considered to be abused, neglected or endangered if medical treatment were being
furnished.
F. G. For the purposes
of this section:
1. "Abuse", when used in reference to a
child, means abuse as defined in section 8‑201, except for those acts in
the definition that are declared unlawful by another statute of this title and,
when used in reference to a vulnerable adult, means:
(a) Intentional infliction of physical harm.
(b) Injury caused by criminally negligent acts or
omissions.
(c) Unlawful imprisonment, as described in section
13‑1303.
(d) Sexual abuse or sexual assault.
2. "Child" means an individual who is
under eighteen years of age.
3. "Emotional abuse" means a pattern of
ridiculing or demeaning a vulnerable adult, making derogatory remarks to a
vulnerable adult, verbally harassing a vulnerable adult or threatening to
inflict physical or emotional harm on a vulnerable adult.
4. "Physical injury" means the impairment
of physical condition and includes any skin bruising, pressure sores, bleeding,
failure to thrive, malnutrition, dehydration, burns, fracture of any bone,
subdural hematoma, soft tissue swelling, injury to any internal organ or any
physical condition that imperils health or welfare.
5. "Serious physical injury" means
physical injury that creates a reasonable risk of death or that causes serious
or permanent disfigurement, serious impairment of health or loss or protracted
impairment of the function of any bodily organ or limb.
6. "Vulnerable adult" means an individual
who is eighteen years of age or older and who is unable to protect himself from
abuse, neglect or exploitation by others because of a mental or physical
impairment. END_STATUTE
