House of
Representatives
HB 2699
child prostitution; classification
Sponsors: Representatives Driggs, Barnes, Barto, et al.
HB 2699 makes various revisions the statutes relating to child prostitution.
History
Currently, Arizona Revised Statutes (A.R.S.) define prostitution as engaging in or agreeing or offering to engage in sexual conduct under a fee arrangement with any person for money or any other valuable consideration. A person commits child prostitution, a Class 2 felony, by knowingly causing any minor to engage in prostitution, transporting any minor with the intent that the minor engage in prostitution, receiving any benefit related to the prostitution of a minor or financing, managing, supervising, controlling or owning prostitution activity involving a minor. If the minor is between the ages of 15 and 17, the presumptive term of imprisonment is 10.5 years for a first offense, 15.75 years for an offense with one historical prior felony conviction and 28 years for an offense with two or more historical prior felony convictions. If the minor is under 15 years of age, the offense is classified as a dangerous crime against children and the offender is subject to enhanced penalties (A.R.S. §13-3212).
A person also commits child prostitution by knowingly engaging in prostitution with a minor, which is also a Class 2 felony. The presumptive term of imprisonment for a Class 2 felony is five years. However, statute provides a defense to the crime of engaging in prostitution with a minor who is 15, 16 or 17 years of age if the defendant could not reasonably have known the age of the minor at the time of the offense (A.R.S. §13-3213). If the court sentences a person to a term of probation for engaging in prostitution with a minor, statute requires the court to order the person to be imprisoned in the county jail for at least 30 days as an initial term of probation (A.R.S. §13-3212).
Provisions
· Changes the offense of engaging in prostitution with a minor as follows:
Ř Knowingly engaging in prostitution with a minor under fifteen years of age. (§13-3212(B)(1))
Ř Knowingly engaging in prostitution with a minor who the person knows is fifteen, sixteen or seventeen years of age, (i13-3212(B)(2))
Ř Knowingly engaging in prostitution with a minor who is fifteen, sixteen or seventeen years of age. (§13-3212(B)(3))
· Classifies a violation of §13-3212(B)(1) as a Class 2 felony and a dangerous crime against children.
· Classifies a violation of §13-3212(B)(2) as a Class 2 felony punishable by a presumptive 10.5 year prison term for a first offense.
· Classifies a violation of §13-3212(B)(3) as a Class 6 felony.
· Requires a court that sentences a person to probation for a violation of §13-3212(B)(3) to order the person to serve 180 days in jail as an initial term of the probation.
Ř Permits the court to suspend 90 days of this jail sentence if it was the person’s first conviction for prostitution or child prostitution and the person completes a court ordered education or treatment program.
· Eliminates the requirement that a person’s sentence for a violation of this section involving a minor who is 15, 16 or 17 years old be consecutive to any other sentence imposed on that person.
· Clarifies that it is not a defense to prosecution under §13-3212(A), (B)(1) and (B)(2) that the other person is a peace officer posing as a minor or a person assisting a peace officer posing as a minor.
· Repeals A.R.S. §13-3213, which provides an affirmative defense to a charge of engaging in prostitution with a minor if the minor was 15, 16 or 17 years old and the person could not reasonably have know the age of the minor.
· Requires a person convicted of §13-3212(B)(1) or §13-3212(B)(2) if the minor is less than 15 years old to register as a sex offender.
· Makes technical and conforming changes.
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· Forty-ninth Legislature
· Second Regular Session 2 March 5, 2010
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