definition; defenses; sexual offenses

Plain English Breakdown

The bill references Laws 2018, chapter 266 for the specific legal definitions but does not include their full text in this excerpt.

SB1676: Applying Past Sexual Offense Law Changes to Older Cases

This law makes two specific changes from a 2018 update apply to cases that happened on or after December 31, 2004.

What This Bill Does

• Removes the defense for sexual abuse or molestation of a child based on lacking sexual interest.
• Excludes normal caretaking touch from the definition of illegal sexual contact with minors or vulnerable adults.
• Applies these rule changes to cases dating back to December 31, 2004.

Who It Names or Affects

• Defendants in sexual offense cases involving children or vulnerable adults since December 31, 2004.
• Courts handling past cases under Arizona Revised Statutes sections 13-1401 and 13-1407.

Terms To Know

Retroactively

Applying a new law to events that happened before the law was passed, starting from December 31, 2004 in this case.

Affirmative defense

A reason given by a defendant to avoid guilt, such as claiming they had no sexual interest.

Limits and Unknowns

• The bill does not state an effective date for when it becomes law.
• The text applies only to cases after December 31, 2004, and does not cover earlier dates.

Official Summary Text

SB1676 - definition; defenses; sexual offenses

Current Bill Text

SB1676 - 572R - I Ver

REFERENCE TITLE:
definition; defenses; sexual offenses

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1676

Introduced by

Senator
Payne

AN
ACT

PROVIDING for THE RETROACTIVITY OF LAWS
RELATING TO SEXUAL OFFENSES.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1.
Retroactivity

Sections 13-1401, 13-1407
and 13-3560, Arizona Revised Statutes, as amended by Laws 2018, chapter
266, apply retroactively to from and after December 31, 2004.

Sec. 2.
Legislative intent

The legislature finds and declares
that the purpose of this act is to make the following provisions of sections 13-1401
and 13-1407, Arizona Revised Statutes, as amended by Laws 2018, chapter
266, apply retroactively to a subset of applicable cases dating from the
effective date of Laws 1990, chapter 384, section 3:

1. Removing the affirmative
defense to sexual abuse and molestation of a child that the defendant was not
motivated by a sexual interest.

2. Excluding from the
definition of sexual contact direct or indirect touching or manipulation during
caretaking responsibilities or interactions with a minor or vulnerable adult
that an objective, reasonable person would recognize as normal and reasonable
under the circumstances.