House of Representatives

SB 1268

sex trafficking; child prostitution

Sponsor: Senator Gray, C.

X	Committee on Natural Resources and Public Safety
	Committee on Judiciary
	Caucus and COW
	House Engrossed

SB 1268 expands the offenses of sex trafficking and child prostitution. The bill contains an emergency clause.

History

The offense of sex trafficking makes it unlawful for a person to knowingly recruit, entice, harbor, transport, provide or obtain by any means another person with the intent of causing the other person to engage in prostitution by force, fraud or coercion.  A violation is a Class 2 felony except if the offense is committed against a person who is under the age of 15, then the offense is punishable as a dangerous crime against children. (A.R.S. § 13-1307)  

Prostitution is defined as engaging in or agreeing or offering to engage in sexual conduct with another person under a fee arrangement with that person or any other person. (A.R.S. § 13-3211)

The offense of child prostitution consists of a person who knowingly:

- Causes any minor to engage in prostitution.

- Uses any minor for purposes of prostitution.

- Permits a minor under a person’s custody or control to engage in prostitution.

- Receives any benefit for or on account of procuring or placing a minor in any place or in the charge or custody of any person for the purpose of prostitution.

- Receives any benefit pursuant to an agreement to participate in the proceeds of prostitution of a minor.

- Finances, manages, supervises, controls or owns, either alone or in association with others, prostitution activity involving a minor.

- Transports or finances the transportation of any minor through or across this state with the intent that such minor engage in prostitution.

A violation is a Class 2 felony, and if the minor is under 15 years of age, it is punishable as a dangerous crime against children.  (A.R.S. § 13-3212)

Pursuant to A.R.S. § 13-3821, persons convicted of a violation or attempted violation of sex trafficking of a minor or child prostitution are required to register as sex offenders.

Provisions

· Makes it a Class 2 felony for a person to recruit, entice, harbor, transport, provide or obtain by any means another person under 18 years old with the intent of causing the other person to engage in prostitution.

· Modifies the definition of prostitution to include offering to pay for sexual conduct under a fee arrangement with any person for money or any other valuable consideration.

· Expands the offense of child prostitution to include knowingly engaging in or attempting to engage in prostitution with a minor.

· Alters the offense of child prostitution to consist of knowingly transporting or financing the transportation of any minor with the intent that the minor engage in prostitution.

· States that it is not a defense to a prosecution if at the time of the offense the defendant did not know and could not have reasonably known the age of the minor.

- Repeals the existing defense in A.R.S. § 13-3213.

· Makes it a Class 4 felony if a person commits child prostitution and the minor is 15, 16 or 17 years old and at the time of the offense the defendant could not reasonably have known the age of the minor.

· Makes technical and conforming changes.

· Contains an emergency clause.

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Forty-eighth Legislature

First Regular Session  2          March 26, 2007

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