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Arizonia Definitions
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Definition of offenses
13-1401. DefinitionsIn this chapter, unless the context otherwise requires:
1. "Oral sexual contact" means oral contact with the penis, vulva or anus.
2. "Sexual contact" means any direct or indirect touching, fondling or manipulating of any part of the genitals, anus or female breast by any part of the body or by any object or causing a person to engage in such contact.
3. "Sexual intercourse" means penetration into the penis, vulva or anus by any part of the body or by any object or masturbatory contact with the penis or vulva.
4. "Spouse" means a person who is legally married and cohabiting.
5. "Without consent" includes any of the following:
(a) The victim is coerced by the immediate use or threatened use of force against a person or property.
(b) The victim is incapable of consent by reason of mental disorder, mental defect, drugs, alcohol, sleep or any other similar impairment of cognition and such condition is known or should have reasonably been known to the defendant. For purposes of this subdivision, "mental defect" means the victim is unable to comprehend the distinctively sexual nature of the conduct or is incapable of understanding or exercising the right to refuse to engage in the conduct with another.
(c) The victim is intentionally deceived as to the nature of the act.
(d) The victim is intentionally deceived to erroneously believe that the person is the victim's spouse.
13-1402. Indecent exposure; classifications
A. A person commits indecent exposure if he or she exposes his or her genitals or anus or she exposes the areola or nipple of her breast or breasts and another person is present, and the defendant is reckless about whether such other person, as a reasonable person, would be offended or alarmed by the act.
B. Indecent exposure is a class 1 misdemeanor. Indecent exposure to a person under the age of fifteen years is a class 6 felony.
13-1403 - Public sexual indecency; public sexual indecency to a minor; classifications
A. A person commits public sexual indecency by intentionally or knowingly engaging in any of the following acts, if another person is present, and the defendant is reckless about whether such other person, as a reasonable person, would be offended or alarmed by the act:
1. An act of sexual contact.
2. An act of oral sexual contact.
3. An act of sexual intercourse.
4. An act involving contact between the person's mouth, vulva or genitals and the anus or genitals of an animal.
B. A person commits public sexual indecency to a minor if he intentionally or knowingly engages in any of the acts listed in subsection A and such person is reckless whether a minor under the age of fifteen years is present.
C. Public sexual indecency is a class 1 misdemeanor. Public sexual indecency to a minor is a class 5 felony.
13-1404 - Sexual abuse; classifications
A. A person commits sexual abuse by intentionally or knowingly engaging in sexual contact with any person fifteen or more years of age without consent of that person or with any person who is under fifteen years of age if the sexual contact involves only the female breast.
B. Sexual abuse is a class 5 felony unless the victim is under fifteen years of age in which case sexual abuse is a class 3 felony punishable pursuant to section 13-604.01.
13-1405 - Sexual conduct with a minor; classifications
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 13-604.01. 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 the minor's parent, stepparent, adoptive parent, legal guardian or foster parent 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.
13-1406 - Sexual assault; classification; increased punishment
A. A person commits sexual assault by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent of such person.
B. Sexual assault is a class 2 felony, and the person convicted shall be sentenced pursuant to this section and the 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 by the court has been served or commuted. If the victim is under fifteen years of age, sexual assault is punishable pursuant to section 13-604.01. The presumptive term may be aggravated or mitigated within the range under this section pursuant to section 13-702, subsections B, C and D. If the sexual assault involved the intentional or knowing administration of flunitrazepam, gamma hydroxy butyrate or ketamine hydrochloride without the victim's knowledge, the presumptive, minimum and maximum sentence for the offense shall be increased by three years. The additional sentence imposed pursuant to this subsection is in addition to any enhanced sentence that may be applicable. The term for a first offense is as follows:
Minimum: 5.35 years Presumptive: 7 years Maximum: 14 years
The term for a defendant who has one historical prior felony conviction is as follows:
Minimum: 7 years Presumptive: 10.5 years Maximum: 21 years
The term for a defendant who has two or more historical prior felony convictions is as follows:
Minimum: 14 years Presumptive: 15.75 years Maximum: 28 years
C. The sentence imposed on a person for a sexual assault shall be consecutive to any other sexual assault sentence imposed on the person at any time.
D. Notwithstanding sections 13-604 and 13-604.01, if the sexual assault involved the intentional or knowing infliction of serious physical injury, the person may be sentenced to life imprisonment and 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 at least twenty-five years have been served or the sentence is commuted. If the person was at least eighteen years of age and the victim was twelve years of age or younger, the person shall be sentenced pursuant to section 13-604.01, subsection A.
13-1406.01 - Sexual assault of a spouse; violation; classification
A. A person commits sexual assault of a spouse by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with a spouse without consent of the spouse by the immediate or threatened use of force against the spouse or another.
B. A first offense sexual assault of a spouse is a class 6 felony. Pursuant to section 13-702, the judge has discretion to enter judgment for conviction of a class 1 misdemeanor with mandatory counseling. Any subsequent sexual assault of a spouse is a class 2 felony and the person convicted 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 by the court has been served or commuted. Convictions for two or more offenses not committed on the same occasion but consolidated for trial purposes shall not be counted as prior convictions for purposes of this section.
13-1407 - Defenses
A. It is a defense to a prosecution pursuant to sections 13-1404 and 13-1405 involving a minor, if the act was done in furtherance of lawful medical practice.
B. It is a defense to a prosecution pursuant to sections 13-1404 and 13-1405 in which the victim's lack of consent is based on incapacity to consent because the victim was fifteen, sixteen or seventeen years of age, if at the time the defendant engaged in the conduct constituting the offense the defendant did not know and could not reasonably have known the age of the victim.
C. It is a defense to a prosecution pursuant to section 13-1402, 13-1404, 13-1405 or 13-1406, if the act was done by a duly licensed physician or registered nurse or a person acting under his or her direction, or any other person who renders emergency care at the scene of an emergency occurrence, and consisted of administering a recognized and lawful form of treatment which was reasonably adapted to promoting the physical or mental health of the patient and the treatment was administered in an emergency when the duly licensed physician or registered nurse or a person acting under his or her direction, or any other person rendering emergency care at the scene of an emergency occurrence, reasonably believed that no one competent to consent could be consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent.
D. It is a defense to a prosecution pursuant to section 13-1404, 13-1405 or 13-1406 that the person was the spouse of the other person at the time of commission of the act. It is not a defense to a prosecution pursuant to section 13-1406.01 that the defendant was the spouse of the victim at the time of commission of the act.
E. It is a defense to prosecution pursuant to section 13-1404 or 13-1410 that the defendant was not motivated by a sexual interest. It is a defense to prosecution pursuant to section 13-1404 involving a victim under fifteen years of age that the defendant was not motivated by a sexual interest.
F. It is a defense to prosecution pursuant to section 13-1405 if the victim is of the age of fifteen, sixteen or seventeen, the defendant is less than nineteen years of age or attending high school and is no more than twenty-four months older than the victim and the conduct is consensual.
13-1408 - Adultery; classification; punishment; limitation on prosecution
A. A married person who has sexual intercourse with another than his or her spouse, and an unmarried person who has sexual intercourse with a married person not his or her spouse, commits adultery and is guilty of a class 3 misdemeanor. When the act is committed between parties only one of whom is married, both shall be punished.
B. No prosecution for adultery shall be commenced except upon complaint of the husband or wife.
13-1410 - Molestation of child; classification
A. A person commits molestation of a child by intentionally or knowingly engaging in or causing a person to engage in sexual contact, except sexual contact with the female breast, with a child under fifteen years of age.
B. Molestation of a child is a class 2 felony that is punishable pursuant to section 13-604.01.
13-1413 - Capacity of minor sexual assault victim to consent to medical examination
Notwithstanding any other provision of the law, when it is not possible to contact the parents or legal guardian within the short time span in which the examination should be conducted a minor twelve years of age or older alleged to be the victim of a violation of section 13-1406 may give consent to hospital, medical and surgical examination, diagnosis and care in connection with such violation. Such consent shall not be subject to incapacity because of the victim's age. The consent of the parent, parents or legal guardian of such minor shall not be necessary to authorize such hospital, medical and surgical examination, diagnosis and care, and such parent, parents or legal guardian shall not be liable for payment for any services rendered pursuant to this section.
13-1415 - Human immunodeficiency virus testing; victim's rights; petition; definitions
A. A defendant, including a defendant who is a minor, who is alleged to have committed a sexual offense or another offense involving significant exposure is subject to a court order that requires the defendant to submit to a test for the human immunodeficiency virus and to consent to the release of the test result to the victim.
B. Pursuant to subsection A of this section, the prosecuting attorney, if requested by the victim, or, if the victim is a minor, by the parent or guardian of the minor, shall petition the court for an order requiring that the person submit a specimen, to be determined by the submitting entity, for laboratory testing by the department of health services or another licensed laboratory for the presence of the human immunodeficiency virus. The court shall, within ten days, determine if sufficient evidence exists that indicates that significant exposure occurred. If the court makes this finding or the act committed against the victim is a sexual offense it shall order that the test be performed in compliance with rules adopted by the department of health services. The prosecuting attorney shall provide the victim's name and last known address of record to the department of health services for notification purposes. The victim's name and address are confidential, except that the department of health services may disclose the information to a local health department for victim notification purposes.
C. After a specimen has been tested for the presence of human immunodeficiency virus pursuant to subsection B of this section, the laboratory that performed the test shall report the results to the submitting entity.
D. The submitting entity shall provide the results to the department of health services or a local health department. The department of health services or a local health department shall notify the victim of the results of the test conducted pursuant to subsection B of this section and shall counsel the victim regarding the health implications of the results.
E. The submitting entity or the department of health services shall notify the person tested of the results of the test conducted pursuant to subsection B of this section and shall counsel the person regarding the health implications of the results. If the submitting entity does not notify the person tested of the test results, the submitting entity shall provide both the name and last known address of record of the person tested and the test results to the department of health services or a local health department for notification purposes.
F. Notwithstanding any other law, copies of the test results shall be provided only to the victim of the crime, the person tested, the submitting entity and the department of health services.
G. For the purposes of this section:
1. "Sexual offense" means oral sexual contact, sexual contact or sexual intercourse as defined in section 13-1401.
2. "Significant exposure" means contact of the victim's ruptured or broken skin or mucous membranes with a person's blood or body fluids, other than tears, saliva or perspiration, of a magnitude that the centers for disease control have epidemiologically demonstrated can result in transmission of the human immunodeficiency virus.
3. "Submitting entity" means one of the following:
(a) A local health department.
(b) A health unit of the state department of corrections.
(c) A health unit of any detention facility.
(d) A physician licensed pursuant to title 32, chapter 13, 17 or 29.
13-1416 - Admissibility of minor's statement; notice
A. Except as otherwise provided in title 8, a statement made by a minor who is under the age of ten years describing any sexual offense or physical abuse performed with, on or witnessed by the minor, which is not otherwise admissible by statute or court rule, is admissible in evidence in any criminal or civil proceeding if both of the following are true:
1. The court finds, in an in camera hearing, that the time, content and circumstances of the statement provide sufficient indicia of reliability.
2. Either of the following is true:
(a) The minor testifies at the proceedings.
(b) The minor is unavailable as a witness, provided that if the minor is unavailable as a witness, the statement may be admitted only if there is corroborative evidence of the statement.
B. A statement shall not be admitted under this section unless the proponent of the statement makes known to the adverse party his intention to offer the statement and the particulars of the statement sufficiently in advance of the proceedings to provide the adverse party with a fair opportunity to prepare to meet the statement.
13-1417 - Continuous sexual abuse of a child; classification
A. A person who over a period of three months or more in duration engages in three or more acts in violation of section 13-1405, 13-1406 or 13-1410 with a child under fourteen years of age is guilty of continuous sexual abuse of a child.
B. Continuous sexual abuse of a child is a class 2 felony and is punishable pursuant to section 13-604.01.
C. To convict a person of continuous sexual abuse of a child, the trier of fact shall unanimously agree that the requisite number of acts occurred. The trier of fact does not need to agree on which acts constitute the requisite number.
D. Any other felony sexual offense involving the victim shall not be charged in the same proceeding with a charge under this section unless the other charged felony sexual offense occurred outside the time period charged under this section or the other felony sexual offense is charged in the alternative. A defendant may be charged with only one count under this section unless more than one victim is involved. If more than one victim is involved, a separate count may be charged for each victim.
13-1418 - Sexual misconduct; behavioral health professionals; classification
A. A behavioral health professional licensed certified pursuant to title 32, chapter 33 or a psychiatrist or psychologist licensed pursuant to title 32, chapter 13, 17 or 19.1 commits sexual misconduct by intentionally or knowingly engaging in sexual intercourse with a client who is currently under the care or supervision of the licensed behavioral health professional, psychiatrist or psychologist.
B. Sexual misconduct by a licensed behavioral health professional, psychiatrist or psychologist is a class 6 felony.
C. This section does not apply to any act of sexual conduct that occurs between a licensed behavioral health professional, psychiatrist or psychologist and a client after the client has completed a course of treatment or if the client is not under the care of the licensed behavioral health professional, psychiatrist or psychologist.
13-1418 - Sexual misconduct; behavioral health professionals; classification
A. A behavioral health professional licensed certified pursuant to title 32, chapter 33 or a psychiatrist or psychologist licensed pursuant to title 32, chapter 13, 17 or 19.1 commits sexual misconduct by intentionally or knowingly engaging in sexual intercourse with a client who is currently under the care or supervision of the licensed behavioral health professional, psychiatrist or psychologist.
B. Sexual misconduct by a licensed behavioral health professional, psychiatrist or psychologist is a class 6 felony.
C. This section does not apply to any act of sexual conduct that occurs between a licensed behavioral health professional, psychiatrist or psychologist and a client after the client has completed a course of treatment or if the client is not under the care of the licensed behavioral health professional, psychiatrist or psychologist.
13-1419 - Unlawful sexual conduct; correctional employees; persons in custody; classification
A. A person who is employed by the state department of corrections, the department of juvenile corrections, a private prison facility or a city or county jail or who contracts to provide services with the state department of corrections, the department of juvenile corrections, a private prison facility or a city or county jail commits unlawful sexual conduct by engaging in oral sexual contact, sexual contact or sexual intercourse with a person who is in the custody of the state department of corrections, the department of juvenile corrections, a private prison facility or a city or county jail or with an offender who is under the supervision of the department or a city or county.
B. A prisoner who is in the custody of the state department of corrections, a private prison facility or a city or county jail or an offender who is on release status and who is under the supervision of the state department of corrections or a city or county commits unlawful sexual conduct by engaging in oral sexual contact, sexual contact or sexual intercourse with a person who is employed by the state department of corrections, a private prison facility or a city or county jail or who contracts to provide services with the state department of corrections, a private prison facility or a city or county jail.
C. This section does not apply to:
1. A person who is employed by the state department of corrections, a private prison facility or a city or county jail or who contracts to provide services with the state department of corrections, a private prison facility or a city or county jail or an offender who is on release status if the person was lawfully married to the prisoner or offender on release status before the prisoner or offender was sentenced to the state department of corrections or was incarcerated in a city or county jail.
2. An offender who is on release status and who was lawfully married to a person who is employed by the state department of corrections, a private prison facility or a city or county jail or who contracts to provide services with the state department of corrections, a private prison facility or a city or county jail if the marriage occurred prior to the offender being sentenced to the state department of corrections or incarcerated in a city or county jail.
D. Unlawful sexual conduct with the person under the age of 15 is a class 2 felony. Unlawful sexual conduct with a person between the ages of 15 and 17 is a class 3 felony. All other sexual conduct is a class 5 felony.
13-1420 - Sexual offense; evidence of similar crimes; definition
A. If the defendant is charged with a violation of a sexual offense, the court may admit evidence that the defendant committed past acts which would constitute a sexual offense and may consider the bearing this evidence has on any matter to which it is relevant.
B. This section does not limit the admission or consideration of evidence under any court rule.
C. For the purposes of this section, "sexual offense" means any of the following:
1. Sexual abuse, in violation of section 13-1404.
2. Sexual conduct with a minor in violation of section 13-1405.
3. Sexual assault, in violation of section 13-1406.
4. Sexual assault of a spouse, in violation of section 13-1406.01.
5. Molestation of a child, in violation of section 13-1410.
6. Continuous sexual abuse of a child, in violation of section 13-1417.
7. Sexual misconduct by a behavioral health professional, in violation of section 13-1418.
8. Commercial sexual exploitation of a minor, in violation of section 13-3552.
9. Sexual exploitation of a minor, in violation of section 13-3553.
13-1421 - Evidence relating to victim's chastity; pretrial hearing
A. Evidence relating to a victim's reputation for chastity and opinion evidence relating to a victim's chastity are not admissible in any prosecution for any offense in this chapter. Evidence of specific instances of the victim's prior sexual conduct may be admitted only if a judge finds the evidence is relevant and is material to a fact in issue in the case and that the inflammatory or prejudicial nature of the evidence does not outweigh the probative value of the evidence, and if the evidence is one of the following:
1. Evidence of the victim's past sexual conduct with the defendant.
2. Evidence of specific instances of sexual activity showing the source or origin of semen, pregnancy, disease or trauma.
3. Evidence that supports a claim that the victim has a motive in accusing the defendant of the crime.
4. Evidence offered for the purpose of impeachment when the prosecutor puts the victim's prior sexual conduct in issue.
5. Evidence of false allegations of sexual misconduct made by the victim against others.
B. Evidence described in subsection A shall not be referred to in any statements to a jury or introduced at trial without a court order after a hearing on written motions is held to determine the admissibility of the evidence. If new information is discovered during the course of the trial that may make the evidence described in subsection A admissible, the court may hold a hearing to determine the admissibility of the evidence under subsection A. The standard for admissibility of evidence under subsection A is by clear and convincing evidence.
13-1422 - Sexually oriented businesses; hours of operation; classification; definitions
A. An adult arcade, adult bookstore or video store, adult cabaret, adult motion picture theater, adult theater, escort agency or nude model studio shall not remain open at any time between the hours of 1:00 a.m. and 8:00 a.m. on Monday through Saturday and between the hours of 1:00 a.m. and 12:00 noon on Sunday.
B. A violation of this section is a class 1 misdemeanor.
C. This section does not prohibit counties or municipalities from enacting and enforcing ordinances that regulate sexually oriented businesses in a manner that is at least as restrictive as subsection a of this section.
D. For the purposes of this section:
1. "Adult arcade" has the same meaning prescribed in section 11-821.
2. "Adult bookstore or video store" has the same meaning prescribed in section 11- 821.
3. "Adult cabaret" excludes any establishment licensed under title 4 and includes any nightclub, bar, restaurant or other similar commercial establishment that regularly features:
(a) Persons who appear in a state of nudity or who are seminude.
(b) Live performances that are characterized by the exposure of specific anatomical areas or specific sexual activities.
(c) Films, motion pictures, videocassettes, slides or other photographic reproductions that are characterized by the depiction or description of specific sexual activities or specific anatomical areas.
4. "Adult motion picture theater" has the same meaning prescribed in section 11- 821.
5. "Adult theater" has the same meaning prescribed in section 11-821.
6. "Escort" means a person who for consideration agrees or offers to act as a companion, guide or date for another person or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
7. "Escort agency" means a person or business association that furnishes, offers to furnish or advertises the furnishing of escorts as one of its primary business purposes for any fee, tip or other consideration.
8. "Nude model studio" has the same meaning prescribed in section 11-821.
9. "Nude", "nudity" or "state of nudity" has the same meaning prescribed in section 11-821.
10. "Seminude" has the same meaning prescribed in section 11-821.
11. "Specific anatomical areas" has the same meaning prescribed in section 11-821.
12. "Specific sexual activities" has the same meaning prescribed in section 11-821.
13-1423 - Violent sexual assault; natural life sentence
A. A person is guilty of violent sexual assault if in the course of committing an offense under section 13-1404, 13-1405, 13-1406, 13-1406.01 or 13-1410 the offense involved the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or involved the intentional or knowing infliction of serious physical injury and the person has a historical prior felony conviction for a sexual offense under this chapter or any offense committed outside this state that if committed in this state would constitute a sexual offense under this chapter.
B. Notwithstanding sections 13-604 and 13-604.01, a person who is guilty of a violent sexual assault shall be sentenced to life imprisonment and the court shall order that the person not be released on any basis for the remainder of the person's natural life.
13-1303 - Unlawful imprisonment; classification
A. A person commits unlawful imprisonment by knowingly restraining another person.
B. In any prosecution for unlawful imprisonment, it is a defense that:
1. The restraint was accomplished by a peace officer acting in good faith in the lawful performance of his duty; or
2. The defendant is a relative of the person restrained and the defendant's sole intent is to assume lawful custody of that person and the restraint was accomplished without physical injury.
C. Unlawful imprisonment is a class 6 felony unless the victim is released voluntarily by the defendant without physical injury in a safe place prior to arrest in which case it is a class 1 misdemeanor.
13-1303 - Unlawful imprisonment; classification
A. A person commits unlawful imprisonment by knowingly restraining another person.
B. In any prosecution for unlawful imprisonment, it is a defense that:
1. The restraint was accomplished by a peace officer acting in good faith in the lawful performance of his duty; or
2. The defendant is a relative of the person restrained and the defendant's sole intent is to assume lawful custody of that person and the restraint was accomplished without physical injury.
C. Unlawful imprisonment is a class 6 felony unless the victim is released voluntarily by the defendant without physical injury in a safe place prior to arrest in which case it is a class 1 misdemeanor.
13-1304 - Kidnapping; classification; consecutive sentence
A. A person commits kidnapping by knowingly restraining another person with the intent to:
1. Hold the victim for ransom, as a shield or hostage; or
2. Hold the victim for involuntary servitude; or
3. Inflict death, physical injury or a sexual offense on the victim, or to otherwise aid in the commission of a felony; or
4. Place the victim or a third person in reasonable apprehension of imminent physical injury to the victim or such third person.
5. Interfere with the performance of a governmental or political function.
6. Seize or exercise control over any airplane, train, bus, ship or other vehicle.
B. Kidnapping is a class 2 felony unless the victim is released voluntarily by the defendant without physical injury in a safe place prior to arrest and prior to accomplishing any of the further enumerated offenses in subsection A of this section in which case it is a class 4 felony. If the victim is released pursuant to an agreement with the state and without any physical injury, it is a class 3 felony. If the victim is under fifteen years of age kidnapping is a class 2 felony punishable pursuant to section 13-604.01. The sentence for kidnapping of a victim under fifteen years of age shall run consecutively to any other sentence imposed on the defendant and to any undischarged term of imprisonment of the defendant.
13-3206 - Taking child for purpose of prostitution; classification
A person who takes away any minor from such person's father, mother, guardian or other person having the legal custody of such person, for the purpose of prostitution, is guilty of a class 4 felony. If the minor is under fifteen years of age, taking a child for prostitution is a class 2 felony and is punishable pursuant to section 13-604.01.
13-3212 - Child prostitution; classification
A. A person commits child prostitution by knowingly:
1. Causing any minor to engage in prostitution.
2. Using any minor for purposes of prostitution.
3. Permitting a minor under such person's custody or control to engage in prostitution.
4. Receiving any benefit for or on account of procuring or placing a minor in any place or in the charge or custody of any person for the purpose of prostitution.
5. Receiving any benefit pursuant to an agreement to participate in the proceeds of prostitution of a minor.
6. Financing, managing, supervising, controlling or owning, either alone or in association with others, prostitution activity involving a minor.
7. Transporting or financing the transportation of any minor through or across this state with the intent that such minor engage in prostitution.
B. Child prostitution is a class 2 felony, and if the minor is under fifteen years of age it is punishable pursuant to section 13-604.01.
13-3552 - Commercial sexual exploitation of a minor; classification
A. A person commits commercial sexual exploitation of a minor by knowingly:
1. Using, employing, persuading, enticing, inducing or coercing a minor to engage in or assist others to engage in exploitive exhibition or other sexual conduct for the purpose of producing any visual depiction or live act depicting such conduct.
2. Using, employing, persuading, enticing, inducing or coercing a minor to expose the genitals or anus or the areola or nipple of the female breast for financial or commercial gain.
3. Permitting a minor under such person's custody or control to engage in or assist others to engage in exploitive exhibition or other sexual conduct for the purpose of producing any visual depiction or live act depicting such conduct.
4. Transporting or financing the transportation of any minor through or across this state with the intent that the minor engage in prostitution, exploitive exhibition or other sexual conduct for the purpose of producing a visual depiction or live act depicting such conduct.
B. Commercial sexual exploitation of a minor is a class 2 felony and if the minor is under fifteen years of age it is punishable pursuant to section 13-604.01.
13-3553 - Sexual exploitation of a minor; evidence; exemption; classification
A. A person commits sexual exploitation of a minor by knowingly:
1. Recording, filming, photographing, developing or duplicating any visual depiction in which minors are engaged in exploitive exhibition or other sexual conduct.
2. Distributing, transporting, exhibiting, receiving, selling, purchasing, electronically transmitting, possessing or exchanging any visual depiction in which minors is engaged in exploitive exhibition or other sexual conduct.
B. If any visual depiction of sexual exploitation of a minor is admitted into evidence, the court shall seal that evidence at the conclusion of any grand jury proceeding, hearing or trial.
C. Sexual exploitation of a minor is a class 2 felony and if the minor is under fifteen years of age it is punishable pursuant to section 13-604.01.
13-3554 - Luring a minor for sexual exploitation; Classification
A. A person commits luring a minor for sexual exploitation by offering or soliciting sexual conduct with another person knowing or having reason to know that the other person is a minor.
B. It is not a defense to a prosecution for a violation of this section that the other person was a peace officer posing as a minor.
C. Luring a minor for sexual exploitation is a class 3 felony, and if the minor is under 15 years of age it is punishable pursuant to secion 13-604.01, Subsection I.
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