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REFERENCE TITLE: unlawful sexual conduct; peace officers |
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State of Arizona House of Representatives Fifty-second Legislature First Regular Session 2015
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HB 2165 |
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Introduced by Representative Borrelli
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AN ACT
amending title 13, chapter 14, Arizona Revised Statutes, by adding section 13‑1412; relating to sexual offenses.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 14, Arizona Revised Statutes, is amended by adding section 13-1412, to read:
13-1412. Unlawful sexual conduct; peace officers; classification; definitions
A. A peace officer commits unlawful sexual conduct by engaging in sexual contact, oral sexual contact or sexual intercourse while the officer is on duty with any person who is in the officer's custody or who is otherwise the subject of an investigation.
B. Unlawful sexual conduct with a victim who is under fifteen years of age is a class 2 felony. Unlawful sexual conduct with a victim who is at least fifteen years of age but less than eighteen years of age is a class 3 felony. All other unlawful sexual conduct is a class 4 felony.
C. This section does not apply to either of the following:
1. An act done pursuant to a lawful search.
2. An officer who is married to or who is in a romantic or sexual relationship with the person at the time of the investigation. The following factors may be considered in determining whether the relationship between the victim and the defendant is currently a romantic or sexual relationship:
(a) The type of relationship.
(b) The length of the relationship.
(c) The frequency of the interaction between the victim and the defendant.
(d) If the relationship has terminated, the length of time since the termination.
D. For the purposes of this section:
1. "Custody" includes the imposition of actual or constructive restraint pursuant to an on‑site arrest, court order or any contact in which a reasonable person would not feel free to leave. Custody does not include detention in a correctional facility, juvenile detention facility or a state hospital.
2. "Peace officer" has the same meaning prescribed in section 1‑215 but does not include adult or juvenile corrections or detention officers.