ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

House: JUD DPA 6-3-0-0

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

HB 4136: unlawful entry; vulnerable adults; vagrants

Sponsor: Representative Carter P, LD 4

House Engrossed

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, with the intent to commit burglary or stalking:

a.   knowingly enters or remains 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 any of the following against the vulnerable adult while in the residence:

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.   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)

5.   Defines pertinent terms. (Sec. 1)

 

 

 

 

 

 

 

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Initials NM/NP                      HB 4136

3/6/2026          Page 0 House Engrossed

 

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