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13-3551. Definitions
In this chapter, unless the context otherwise requires:
- "Communication service provider" has the same meaning prescribed in section 13-3001.
- "Computer" has the same meaning prescribed in section 13-2301, subsection E.
- "Computer system" has the same meaning prescribed in section 13-2301, subsection E.
- "Exploitive exhibition" means the actual or simulated exhibition of the genitals or pubic or rectal areas of any person for the purpose of sexual stimulation of the viewer.
- "Minor" means a person or persons who were under eighteen years of age at the time a visual depiction was created, adapted or modified.
- "Network" has the same meaning prescribed in section 13-2301, subsection E.
- "Producing" means financing, directing, manufacturing, issuing, publishing or advertising for pecuniary gain.
- "Remote computing service" has the same meaning prescribed in section 13-3001.
- "Sexual conduct" means actual or simulated:
- Sexual intercourse, including genitalgenital, oralgenital, analgenital or oralanal, whether between persons of the same or opposite sex.
- Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure.
- Sexual bestiality.
- Masturbation, for the purpose of sexual stimulation of the viewer.
- Sadomasochistic abuse for the purpose of sexual stimulation of the viewer.
- Defecation or urination for the purpose of sexual stimulation of the viewer.
- "Simulated" means any depicting of the genitals or rectal areas that gives the appearance of sexual conduct or incipient sexual conduct.
- "Visual depiction" includes each visual image that is contained in an undeveloped film, videotape or photograph or data stored in any form and that is capable of conversion into a visual image.
13-3552. Commercial sexual exploitation of a minor; classification
- A person commits commercial sexual exploitation of a minor by knowingly:
- 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.
- 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.
- 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.
- 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.
- 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 person commits sexual exploitation of a minor by knowingly:
- Recording, filming, photographing, developing or duplicating any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct.
- Distributing, transporting, exhibiting, receiving, selling, purchasing, electronically transmitting, possessing or exchanging any visual depiction in which a minor is engaged
in exploitive exhibition or other sexual conduct.
- 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.
- 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.
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13-3554. Luring a minor for sexual exploitation; classification
- 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.
- It is not a defense to a prosecution for a violation of this section that the other person is not a minor.
- Luring a minor for sexual exploitation is a class 3 felony, and if the minor is under fifteen years of age it is punishable pursuant to section 13-604.01.
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13-3555. Portraying adult as minor; classification
- It is unlawful for any person depicted in a visual depiction or live act as a participant in any exploitive exhibition or sexual conduct to masquerade as a minor.
- It is unlawful for any person knowingly to produce, record, film, photograph, develop, duplicate, distribute, transport, exhibit, electronically transmit, sell, purchase or
exchange any visual depiction whose text, title or visual representation depicts a participant in any exploitive exhibition or sexual conduct as a minor even though any such participant is an adult.
- Any person who violates this section is guilty of a class 1 misdemeanor.
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13-3556. Permissible inferences
In a prosecution relating to the sexual exploitation of children, the trier of fact may draw the inference that a participant is a minor if the visual depiction or live act through its title, text or
visual representation depicts the participant as a minor.
13-3557. Equipment; forfeiture
On the conviction of a person for a violation of section 13-3552, 13-3553 or 13-3554, the court shall order that any photographic equipment, computer system or instrument of communication that is owned or
used exclusively by the person and that was used in the commission of the offense be forfeited and sold, destroyed or otherwise properly disposed.
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13-3558. Admitting minors to public displays of sexual conduct; constructive knowledge of age; classification
- It is unlawful for an owner, operator or employee to admit a person under the age of eighteen into any business establishment where persons, in the course of their employment expose their
genitals or anus or the areola or nipple of the female breast.
- An owner, operator or employee who admits a person to an establishment without evidence of the person's age as required in section 4-241, subsection A is deemed to have constructive knowledge
of the person's age.
- A person who violates this section is guilty of a class 6 felony.
13-3559. Reporting suspected visual depictions of sexual exploitation of a minor; immunity
- Any communication service provider, remote computing service, system administrator, computer repair technician or other person who discovers suspected visual depictions of sexual exploitation of
a minor on a computer, computer system or network or in any other storage medium may report that discovery to a law enforcement officer.
- A person who on discovery in good faith reports the discovery of suspected visual depictions of sexual exploitation of a minor is immune from civil liability.
- It is an affirmative defense to a prosecution for a violation of section 13-3553 that on discovery a person in good faith reports the discovery of unsolicited suspected visual depictions
involving the sexual exploitation of a minor.
Disclaimer: These are the statutes as they read on October 30, 2008 on the Arizona State Legislature's website. Each year the Arizona State Legislature changes some of the criminal
laws. Generally (but not always), the criminal law (statute) that is in place on the date of offense is the law that applies to the case. To find the most current version of the statute go to the
Arizona State Legislature's website (http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=13)
The Law Offices of John Rock, PC has successfully defended computer sex crime cases in the Phoenix, Arizona area.
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