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SB1077 - 572R - S Ver
Senate Engrossed
interactive computer
service; prostitution; violation
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1077
AN
ACT
amending section 13-705, Arizona Revised
Statutes; amending title 13, chapter 32, arizona revised statutes, by adding
section 13-3213; relating to prostitution.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Section 13-705, Arizona Revised
Statutes, is amended to read:
START_STATUTE
13-705.
Dangerous crimes against children; sentences; definitions
A. A person who is at least eighteen years of age
and who is convicted of a dangerous crime against children in the first degree
involving commercial sexual exploitation of a minor or child sex trafficking
and the person has previously been convicted of a dangerous crime against
children in the first degree shall be sentenced to imprisonment in the custody
of the state department of corrections for natural life. A person
who is sentenced to natural life is not eligible for commutation, parole, work
furlough, work release or release from confinement on any basis for the
remainder of the person's natural life.
B. A person who is at least eighteen years of age
and who is convicted of a dangerous crime against children in the first degree
involving sexual assault of a minor who is twelve years of age or younger or
sexual conduct with a minor who is twelve years of age or younger shall 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 the
person has served thirty-five years or the sentence is commuted. This
subsection does not apply to masturbatory contact.
C. Except as otherwise provided in this section, a
person who is at least eighteen years of age or who has been tried as an adult
and who is convicted of a dangerous crime against children in the first degree
involving attempted first degree murder of a minor who is under twelve years of
age, sexual assault of a minor who is under twelve years of age, sexual conduct
with a minor who is under twelve years of age or manufacturing methamphetamine
under circumstances that cause physical injury to a minor who is under twelve
years of age 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 the person has served thirty-five years or the sentence is
commuted. If a life sentence is not imposed pursuant to this
subsection, the person shall be sentenced to a term of imprisonment as follows:
Minimum
����������������
Presumptive
������������
Maximum
13 years��������������� 20 years��������������� 27
years
D. Except as otherwise provided in this section, a
person who is at least eighteen years of age or who has been tried as an adult
and who is convicted of a dangerous crime against children in the first degree
involving second degree murder of a minor who is under fifteen years of age 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 the person
has served thirty-five years or the sentence is commuted. If a
life sentence is not imposed pursuant to this subsection, the person shall be
sentenced to a term of imprisonment as follows:
Minimum
����������������
Presumptive
������������
Maximum
25 years��������������� 30 years��������������� 35 years
E. Except as otherwise provided in this section, a
person who is at least eighteen years of age or who has been tried as an adult
and who is convicted of a dangerous crime against children in the first degree
involving attempted first degree murder of a minor who is twelve, thirteen or
fourteen years of age, sexual assault of a minor who is twelve, thirteen or
fourteen years of age, taking a child for the purpose of prostitution, child
sex trafficking,
Unlawful use of interactive computer service
for the purpose of facilitating, promoting or soliciting prostitution,
commercial
sexual exploitation of a minor sexual conduct with a minor who is twelve,
thirteen or fourteen years of age, manufacturing methamphetamine under
circumstances that cause physical injury to a minor who is twelve, thirteen or
fourteen years of age
or involving or using minors in
drug offenses shall be sentenced to a term of imprisonment as follows:
Minimum
����������������
Presumptive
������������
Maximum
13 years��������������� 20 years��������������� 27 years
A person who has been previously
convicted of one predicate felony shall be sentenced to a term of imprisonment
as follows:
Minimum
����������������
Presumptive
������������
Maximum
23 years��������������� 30 years��������������� 37
years
F. Except as otherwise provided in this section, a
person who is at least eighteen years of age or who has been tried as an adult
and who is convicted of a dangerous crime against children in the first degree
involving aggravated assault, unlawful mutilation, molestation of a child,
sexual exploitation of a minor, aggravated luring a minor for sexual
exploitation, child abuse or kidnapping shall be sentenced to a term of
imprisonment as follows:
Minimum
����������������
Presumptive
������������
Maximum
10 years��������������� 17 years��������������� 24
years
A person who has been previously convicted of one predicate
felony shall be sentenced to a term of imprisonment as follows:
Minimum
����������������
Presumptive
������������
Maximum
21 years��������������� 28 years��������������� 35
years
G. Except as otherwise provided in this section, if
a person is at least eighteen years of age or has been tried as an adult and is
convicted of a dangerous crime against children involving luring a minor for
sexual exploitation, sexual extortion or unlawful age misrepresentation and is
sentenced to a term of imprisonment, the term of imprisonment is as follows and
the person is not eligible for 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 is commuted, except that if
the person is convicted of unlawful age misrepresentation the person is
eligible for release pursuant to section 41-1604.07:
Minimum
����������������
Presumptive
������������
Maximum
5 years���������������� 10 years��������������� 15 years
A person who has been previously
convicted of one predicate felony shall be sentenced to a term of imprisonment
as follows 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 is commuted, except that if the person
is convicted of unlawful age misrepresentation the person is eligible for
release pursuant to section 41-1604.07:
Minimum
����������������
Presumptive
������������
Maximum
8 years���������������� 15 years��������������� 22
years
H. Except as otherwise provided in this section, if
a person is at least eighteen years of age or has been tried as an adult and is
convicted of a dangerous crime against children involving sexual abuse or
bestiality under section 13-1411, subsection A, paragraph 2 and is
sentenced to a term of imprisonment, the term of imprisonment is as follows and
the person is not eligible for 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, the person is eligible for
release pursuant to section 41-1604.07 or the sentence is commuted:
Minimum
����������������
Presumptive
������������
Maximum
2.5 years�������������� 5 years���������������� 7.5 years
A person who has been previously
convicted of one predicate felony shall be sentenced to a term of imprisonment
as follows 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, the person is eligible for release
pursuant to section 41-1604.07 or the sentence is commuted:
Minimum
����������������
Presumptive
������������
Maximum
8 years���������������� 15 years��������������� 22
years
I. Except as otherwise provided in this section, a
person who is at least eighteen years of age or who has been tried as an adult
and who is convicted of a dangerous crime against children in the first degree
involving continuous sexual abuse of a child shall be sentenced to a term of
imprisonment as follows:
Minimum
����������������
Presumptive
������������
Maximum
39 years��������������� 60 years��������������� 81 years
A person who has been previously
convicted of one predicate felony shall be sentenced to a term of imprisonment
as follows:
Minimum
����������������
Presumptive
������������
Maximum
69 years��������������� 90 years��������������� 111 years
J. The presumptive sentences prescribed in
subsections C, D, E, F and I of this section or subsections G and H of this
section if the person has previously been convicted of a predicate felony may
be increased or decreased pursuant to section 13-701, subsections C, D
and E.
K. Except as provided in subsections G, H, M and N
of this section, a person who is sentenced for a dangerous crime against
children in the first degree pursuant to this section 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.
L. A person who is convicted of any dangerous crime
against children in the first degree pursuant to subsection C, D, E, F or I of
this section and who has been previously convicted of two or more predicate
felonies shall 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 the person has served not fewer than thirty-five years or the
sentence is commuted.
M. Notwithstanding chapter 10 of this title, a
person who is at least eighteen years of age or who has been tried as an adult
and who is convicted of a dangerous crime against children in the second degree
pursuant to subsection B, C, E, F or I of this section is guilty of a class 3
felony and if the person is sentenced to a term of imprisonment, the term of
imprisonment is as follows and the person is not eligible for release from
confinement on any basis except as specifically authorized by section 31-233,
subsection A or B until the person has served the sentence imposed by the
court, the person is eligible for release pursuant to section 41-1604.07
or the sentence is commuted:
Minimum
����������������
Presumptive
������������
Maximum
5 years���������������� 10 years��������������� 15
years
N. A person who is convicted of any dangerous crime
against children in the second degree and who has been previously convicted of
one or more predicate felonies 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, the person is eligible for release
pursuant to section 41-1604.07 or the sentence is commuted.
O. Section 13-704, subsection J and section 13-707,
subsection B apply to the determination of prior convictions.
P. The sentence imposed on a person by the court for
a dangerous crime against children under subsection H of this section involving
sexual abuse may be served concurrently with other sentences if the offense
involved only one victim. The sentence imposed on a person for any
other dangerous crime against children in the first or second degree shall be
consecutive to any other sentence imposed on the person at any time, including
sexual abuse of the same victim.
Q. In this section, for purposes of punishment an
unborn child shall be treated like a minor who is under twelve years of age.
R. A dangerous crime against children is in the
first degree if it is a completed offense and is in the second degree if it is
a preparatory offense, except attempted first degree murder is a dangerous
crime against children in the first degree.
S. It is not a defense to a dangerous crime against
children that the minor is a person posing as a minor or is otherwise
fictitious if the defendant knew or had reason to know the purported minor was
under fifteen years of age.
T. For the purposes of this section:
1. "Dangerous crime against children":
(a) Means any of the following that is committed
against a minor who is under fifteen years of age or against a person posing as
a minor if the defendant knew or had reason to know that the purported minor
was under fifteen years of age:
(i) Second degree murder.
(ii) Aggravated assault resulting in serious
physical injury or involving the discharge, use or threatening exhibition of a
deadly weapon or dangerous instrument.
(iii) Sexual assault.
(iv) Molestation of a child.
(v) Sexual conduct with a minor.
(vi) Commercial sexual exploitation of a minor.
(vii) Sexual exploitation of a minor.
(viii) Child abuse as prescribed in section 13-3623,
subsection A, paragraph 1.
(ix) Kidnapping.
(x) Sexual abuse.
(xi) Taking a child for the purpose of prostitution
as prescribed in section 13-3206.
(xii) Child sex trafficking as prescribed in section
13-3212.
(xiii) Involving or using minors in drug offenses.
(xiv) Continuous sexual abuse of a child.
(xv) Attempted first degree murder.
(xvi) Sex trafficking.
(xvii) Manufacturing methamphetamine under
circumstances that cause physical injury to a minor.
(xviii) Bestiality as prescribed in section 13-1411,
subsection A, paragraph 2.
(xix) Luring a minor for sexual exploitation.
(xx) Aggravated luring a minor for sexual
exploitation.
(xxi) Unlawful age misrepresentation.
(xxii) Unlawful mutilation.
(xxiii) Sexual extortion as prescribed in section 13-1428.
(
xxiv
) Unlawful
use of interactive computer service for purpose of facilitating, promoting or
soliciting prostitution as prescribed in section 13-3213, subsection B.
(b) For the purposes of subdivision (a), items (vi)
and (vii) of this paragraph, includes a visual depiction that is
indistinguishable from an actual minor who is under fifteen years of age.
2. "Predicate felony" means any felony
involving child abuse pursuant to section 13-3623, subsection A,
paragraph 1, a sexual offense, conduct involving the intentional or knowing
infliction of serious physical injury or the discharge, use or threatening
exhibition of a deadly weapon or dangerous instrument, or a dangerous crime
against children in the first or second degree.
END_STATUTE
Sec. 2. Title 13, chapter 32, Arizona Revised
Statutes, is amended by adding section 13-3213, to read:
START_STATUTE
13-3213.
Unlawful use of interactive computer service for purpose of
facilitating, promoting or soliciting prostitution; classification; definitions
A. A person or agent of an enterprise
who knowingly controls, keeps, maintains, manages, operates or owns an
interactive computer service or information content provider in this state for
the
primary purpose of facilitating, promoting or
soliciting prostitution pursuant to section 13-3214, pandering pursuant
to section 13-3209 or CHILD SEX TRAFFICKING PURSUANT TO SUBSECTION 13-3212
involving a minor who is fifteen, sixteen or seventeen years of age is guilty
of a class 5 felony.
B. A person or agent of an enterprise
who violates subsection A of this section and who has direct knowledge of the
occurrence of CHILD SEX TRAFFICKING involving a minor who is under fifteen
years of age is guilty of a class 2 felony and is punishable pursuant to
section 13-705.
C. A person or agent of an enterprise
who violates subsection A or b of this section and who knowingly exposes sexual
material that is harmful to minors without using reasonable age verification
methods prescribed by section 18-701 to verify that an individual who
attempts to access the material is eighteen years of age or older is guilty of
a class 4 felony,
d. It is a violation of this section
for a person or agent of an enterprise to receive, agree to receive or solicit
any benefit, including SERVICE fees
, IF the person or
agent has actual knowledge that the specific benefit is derived from the
facilitation of an offense listed in subsection A of this section.
E. it is a defense to a prosecution
under of this section if a person or agent of an enterprise is a law
enforcement officer who is acting in the officer's official capacity within the
scope of the officer's authority and in the line of duty.
F. It is not a defense to a
prosecution under this section that A person or agent of an enterprise does not
know the minor is under eighteen years of age.
G. for the purposes of this section:
1. "Agent" means an
officer, director or employee of an enterprise or any other person who is
authorized to act on behalf of the enterprise.
2. "Information content
provider" means a person or entity that is responsible, in whole or in
part, for creating or developing information that is provided through the
Internet or any other interactive computer service.
3. "Interactive Computer
Service"
:
(
a
) means an
information service, system or access software provider that provides or
enables computer access by multiple users to a computer server, including a
service or system that provides access to the Internet and systems or services
that are operated or offered by libraries or educational
institutions.
(
b
)
does not include a service that is primarily engaged in general
purpose search indexing, cloud computing or providing advertising services to
the general public, cable, video or broadband internet access services or
telecommunications services, unless the service is specifically marketed for
the promotion of illegal acts of prostitution.
4. "Internet" has the same
meaning prescribed in section 41-2671.
5. "Service fees" means the
costs that are associated with obtaining a profile or posting advertisements.
6. "Sexual material that is
harmful to minors" has the same meaning prescribed in section 18-701.
END_STATUTE