HB2242

HB2242 specifies legal protections concerning sexual conduct with minors in Arizona, addressing classification, punishment, and defenses to ensure fair legal outcomes.

Date of Vote: July 20, 2024

Chamber of Origin: House

HB2242 introduces defenses against prosecutions for sexual conduct with a minor under specific circumstances, providing legal protections for certain individuals or scenarios. It states that sexual conduct with a minor who is under fifteen years of age is a class 2 felony and is punishable under section 13-705. Sexual conduct with a minor who is at least fifteen years of age is a class 4 felony and if the perpetrator is placed on probation they shall be sentenced to serve one year in jail. Sexual conduct with a minor who is at least fifteen years of age is a class 2 felony if the person is or was in a position of trust and the convicted person is not eligible for suspension of sentence, probation, pardon, or release from confinement. Defenses: - Defense based on Lawful Medical Practice: The bill establishes a defense if sexual conduct with a minor was carried out in furtherance of lawful medical practice. This provision acknowledges situations where medical treatment may involve physical examinations or procedures that could otherwise be construed as sexual conduct. - Defense based on Lack of Consent due to Age: It introduces a defense if the victim's lack of consent is attributable to their age (fifteen, sixteen, or seventeen years old), provided that the defendant did not know and could not reasonably have known the victim's age at the time of the offense. - Defense for Emergency Medical Treatment: The bill creates a defense for individuals, such as licensed physicians, registered nurses, or those rendering emergency care at the scene of an emergency, who administer treatment in good faith under urgent circumstances where obtaining consent is not feasible. - Spousal Defense: It recognizes a defense if the accused was the spouse of the minor at the time of the offense. However, this defense is explicitly stated not to apply in cases prosecuted under section 13-1406, which likely pertains to specific circumstances where spousal defense is not deemed appropriate or relevant. - Close-in-Age Exemption: Lastly, the bill introduces an exemption for consensual sexual conduct between individuals aged fifteen, sixteen, or seventeen and a perpetrator who is no more than three years older than the victim. This provision acknowledges that in certain cases of close age proximity, consensual relationships between minors may not warrant criminal prosecution. 1

Turning Point Action’s Position

Turning Point Action Supports

Voted YEA

38
78.95% REPUBLICANS21.05% DEMOCRATS0% INDEPENDENTS

VOTED NAY

17
5.88% REPUBLICANS94.12% DEMOCRATS0% INDEPENDENTS
Search by Party

Voted yea

Alexander KolodinState HouseArizona
Session Score:88.89
Alma HernandezState HouseArizona
Session Score:27.78
Austin SmithState HouseArizona
Session Score:100.00
Barbara ParkerState HouseArizona
Session Score:94.44
Ben TomaState HouseArizona
Session Score:97.22
Beverly PingerelliState HouseArizona
Session Score:97.22

Voted nay

Analise OrtizState HouseArizona
Session Score:5.56
Betty J VillegasState HouseArizona
Session Score:0.00
Cesar AguilarState HouseArizona
Session Score:5.56
Charles LuckingState HouseArizona
Session Score:7.14
Christopher MathisState HouseArizona
Session Score:11.11
David LivingstonState HouseArizona
Session Score:55.56

Not voting

Quantá CrewsState HouseArizona
Session Score:2.78

Present

No legislators have been found in this category

Abstaining

No legislators have been found in this category
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