ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature Second Regular Session
	Senate: JUD DP 7-0-0-0 | 3^rd Read DP 21-5-4-0-0 House: JUD DP 4-2-1-2

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SB 1051: location tracking applications; disabling prohibited

Sponsor: Senator Carroll, LD 28

Caucus & COW

Overview

Establishes disabling a minor's location tracking application as a class 2 felony offense.

History

A.R.S. title 13, chapter 13 (kidnapping and related offenses) includes offenses specifically relating to minors such as custodial interference (A.R.S. § 13-1302), kidnapping (A.R.S. § 13-1304) and others. Kidnapping is a class 2 felony, and if the victim is under 15 years of age, kidnapping is a class 2 felony punishable pursuant to A.R.S. § 13-705 (dangerous crimes against children). The sentence for kidnapping a victim under 15 years of age runs consecutively to any other sentence imposed on the defendant.

A.R.S. title 13, chapter 14 (sexual offenses) includes numerous offenses that specifically relate to or may involve minors including sexual abuse (A.R.S. § 13-1404), sexual conduct with a minor (A.R.S. § 13-1405), molestation of a child (A.R.S. § 13-1410) and others. Moreover, chapter 35.1 of the criminal code (sexual exploitation of children) defines several other offenses specifically relating to minors, such as sexual exploitation of a minor (A.R.S. § 13-3553), luring a minor for sexual exploitation (A.R.S. § 13-3554) and unlawful age misrepresentation (A.R.S. § 13-3561).

An electronic communication device is defined in A.R.S. § 13-3561 as any electronic device that is capable of transmitting visual depictions and includes any of the following:

1) a computer, computer system or network as defined in A.R.S. § 13-2301; and

2) a cellular telephone or wireless telephone as defined in A.R.S. § 13-4801.

A class 2 felony carries a presumptive sentence of five years for first time offenders (A.R.S. § 13-702).

Provisions

1. Creates the criminal offense of disabling a minor's location tracking application, which involves a person knowingly disabling, or coercing a minor to disable, a location tracking application or function that is installed on the minor's electronic communication device while the person is committing, or attempting to commit, any of the following:

a) kidnapping or a related offense under A.R.S. title 13, chapter 13;

b) a sexual offenses under A.R.S. title 13, chapter 14;

c) a sexual exploitation of a child offense under A.R.S. title 13, chapter 35.1. (Sec. 1)

2. Classifies disabling a minor's location tracking application as a class 2 felony. (Sec. 1)

3. Defines electronic communication device. (Sec. 1)

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7.                   SB 1051

8. Initials JL/IG       Page 0 Caucus & COW

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