definition; defenses; sexual offenses

Plain English Breakdown

The official source material does not provide details on how many past cases will be affected, leaving this information uncertain.

Making Old Laws About Sexual Offenses Apply to Past Cases

This bill makes certain laws about sexual offenses apply to cases that happened before these laws were passed.

What This Bill Does

• Makes sections of Arizona Revised Statutes, specifically 13-1401 and 13-1407, apply retroactively from December 31, 2004.
• Removes the defense that a person was not sexually motivated when they abused or molested a child.
• Changes how 'sexual contact' is defined by excluding normal caretaking actions.

Who It Names or Affects

• People who were charged with sexual offenses before these laws were passed and whose cases are still open.
• Courts that handle cases involving sexual abuse and molestation of children.

Terms To Know

Retroactivity

When a new law applies to events or situations that happened before the law was passed.

Affirmative defense

A legal argument used by defendants to show they should not be held responsible for their actions.

Limits and Unknowns

• The bill does not specify how many past cases will be affected.
• It is unclear if this change will affect all previous cases or only a specific subset of them.

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.