Bill Text: AZ HB2438 | 2011 | Fiftieth Legislature 1st Regular | Engrossed


Bill Title: Sexual conduct; minor

Spectrum: Moderate Partisan Bill (Republican 4-1)

Status: (Passed) 2011-04-12 - Governor Signed [HB2438 Detail]

Download: Arizona-2011-HB2438-Engrossed.html

 

 

 

House Engrossed

 

 

 

 

State of Arizona

House of Representatives

Fiftieth Legislature

First Regular Session

2011

 

 

HOUSE BILL 2438

 

 

 

AN ACT

 

amending section 13-1405, Arizona Revised Statutes; relating to sexual offenses.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 



Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 13-1405, Arizona Revised Statutes, is amended to read:

START_STATUTE13-1405.  Sexual conduct with a minor; classification; definition

A.  A person commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person who is under eighteen years of age.

B.  Sexual conduct with a minor who is under fifteen years of age is a class 2 felony and is punishable pursuant to section 13‑705.  Sexual conduct with a minor who is at least fifteen years of age is a class 6 felony.  Sexual conduct with a minor who is at least fifteen years of age is a class 2 felony if the person is or was the minor's parent, stepparent, adoptive parent, legal guardian or foster parent or the minor's teacher or clergyman or priest and the convicted person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31‑233, subsection A or B until the sentence imposed has been served or commuted.

C.  For the purposes of this section, "teacher" means a certificated teacher as defined in section 15-501 or any other person who directly provides academic instruction to pupils in any school district, charter school or accommodation school, the Arizona state schools for the deaf and the blind or a private school in this state. END_STATUTE

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