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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
location tracking applications; disabling prohibited
Purpose
Prohibits a person from knowingly disabling, or coercing a minor to disable, a location tracking application or function installed on the minor's electronic communication device while the person is committing or attempting to commit an offense involving kidnapping, sexual offenses or sexual exploitation of a minor. Classifies a violation as a class 2 felony.
Background
A person commits kidnapping by knowingly restraining another
person with intent to:
1) hold the victim for ransom, or as a shield or hostage; 2) hold the victim
for involuntary servitude; 3) inflict death, physical injury or a sexual
offense on the victim; 4) place the victim in a state of reasonable
apprehension of imminent physical injury; 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. If the victim is under 15 years
old, kidnapping is a class 2 felony. The sentence for the kidnapping of a
victim under 15 years old must run consecutively to any other sentence imposed
on the defendant. (A.R.S.
§ 13-1304).
A person commits sexual exploitation of a minor by knowingly recording, filming, photographing, developing or duplicating any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct, distributing, transporting, exhibiting, receiving, selling, purchasing, electronically transmitting, possessing or exchanging any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct, or possessing, manufacturing, distributing, advertising, ordering, offering to sell, selling or purchasing a child sex doll that uses the face, image or likeness of a real infant or minor who is under 12 years old with the intent to replicate the physical features of the real infant or minor who is under 12 years old. Sexual exploitation of a minor is a class 2 felony (A.R.S. § 13-3553).
Electronic communication device means any electronic device that is capable of transmitting visual depictions and includes a computer, computer system, network, cellular telephone or wireless telephone (A.R.S. § 13-3560).
A class 2 felony carries a presumptive sentence of 5 years for first time offenders and a fine of not more than $150,000 (A.R.S. §§ 13-702 and 13-801).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a person from disabling, or coercing a minor to disable, a location tracking application or function installed on the minor's electronic communication device while the person is committing or attempting to commit an offense involving kidnapping, sexual offenses or sexual exploitation of a minor.
2. Classifies a violation as a class 2 felony.
3. Becomes effective on general affective date.
Prepared by Senate Research
January 29, 2024
ZD/KK/cs