ARIZONA HOUSE OF REPRESENTATIVES Fifty-seventh Legislature First Regular Session

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HB 2520: defense of duress; unavailable offenses

Sponsor: Representative Way, LD 15

Committee on Judiciary

Overview

Expands the list of offenses for which the duress defense is unavailable.

History

The duress defense in Arizona allows a person to avoid criminal liability if he was compelled to commit an offense due to an imminent threat of physical force that could cause serious physical injury to himself or another, and a reasonable person in the same situation would not have resisted. However, this defense is not available if the person intentionally, knowingly or recklessly placed himself in a situation where duress was likely, or if the offense involved homicide or serious physical injury (A.R.S. § 13-412).

Provisions

1. Adds that the duress defense is unavailable if the offence is:

a) child sex trafficking;

b) a failure to report child abuse;

c) child or vulnerable adult abuse;

d) a sexual offence; or

e) the sexual exploitation of children. (Sec. 1)

2. Makes technical changes. (Sec. 1)

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                        HB 2520

Initials NM    Page 0 Judiciary

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