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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: JUD DPA 6-3-0-0 |
HB 4136: unlawful entry; vulnerable adults; vagrants
Sponsor: Representative Carter P, LD 4
Caucus & COW
Overview
Establishes the offense of unlawful entry in or on a residential structure in which a vulnerable adult resides, classifying it as a class 4 felony, unless it involves a sexual offense, which enhances it to a class 3 felony.
History
A person commits criminal trespass in the first degree by knowingly:
1) entering or remaining unlawfully in or on a residential structure, classified as a class 6 felony;
2) entering or remaining unlawfully in a fenced residential yard, a class 1 misdemeanor;
3) entering or remaining unlawfully on the property of another and desecrating a religious symbol, a class 6 felony; or
4) entering or remaining unlawfully in or on a critical public service facility, a class 5 felony (A.R.S. 13-1504).
Current statute defines vulnerable adult to mean an individual who is 18 years of age or older and who is unable to protect himself from abuse, neglect or exploitation by others because of a mental or physical impairment (A.R.S. § 13-3623).
Provisions
1. Establishes that a person commits unlawful entry in or on a residential structure in which a vulnerable adult resides if he:
a. knowingly enter or remain in or on a residential structure in which a vulnerable adult resides;
b. the owner of the residence or caregiver of the vulnerable adult has not given the person permission to enter or remain in or on the residential structure; and
c. the owner of the residence or caregiver of the vulnerable adult reports the incident to the authorities. (Sec. 1)
2. Establishes that a person commits unlawful entry in or on a residential structure in which a vulnerable adult resides involving a sexual offense if all the aforementioned conditions are met and the person also commits:
a. an offense with a sexual motivation;
b. sex trafficking, prostitution or surreptitious photographing; or
c. any other sexual offense. (Sec. 1)
3. Classifies unlawful entry in or on a residential structure in which a vulnerable adult resides to be a class 4 felony, unless it involves a sexual offense, in which case it is a class 3 felony. (Sec. 1)
4. Directs law enforcement officers to immediately arrest any person who commits either of the outlined offenses. (Sec. 1)
5. Specifies that the court may impose any other sentence as authorized by law due to a conviction for the outlined offenses. (Sec. 1)
6. Adds unlawful entry in or on a residential structure in which a vulnerable adult resides involving a sexual offense to the list of predicate offenses for a person to be eligible to be registered as a sex offender. (Sec. 2)
7. Defines pertinent terms. (Sec. 1)
Amendments
Committee on Judiciary
1. Removes provision directing law enforcement officers to immediately arrest any person who commits either of the outlined offenses.
2. Removes provision specifying that the court may impose any other sentence as authorized by law due to a conviction for the outlined offenses.
3. Removes language specifying that Person includes a vagrant.
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Initials NM/NP HB 4136
2/18/2026 Page 0 Caucus & COW
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