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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Criminal Code
Chapter : SEXUAL EXPLOITATION OF CHILDREN
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13-3551 Definitions
In this chapter, unless the context otherwise requires:
1. "Communication service provider" has the same meaning prescribed in section
13-3001.
2. "Computer" has the same meaning prescribed in section 13-2301, subsection E.
3. "Computer system" has the same meaning prescribed in section 13-2301, subsection
E.
4. "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.
5. "Minor" means a person or persons who were under eighteen years of age at the
time a visual depiction was created, adapted or modified.
6. "Network" has the same meaning prescribed in section 13-2301, subsection E.
7. "Producing" means financing, directing, manufacturing, issuing, publishing or
advertising for pecuniary gain.
8. "Remote computing service" has the same meaning prescribed in section 13-3001.
9. "Sexual conduct" means actual or simulated:
(a) Sexual intercourse, including genital-genital, oral-genital, anal-genital or
oral-anal, whether between persons of the same or opposite sex.
(b) Penetration of the vagina or rectum by any object except when done as part of a
recognized medical procedure.
(c) Sexual bestiality.
(d) Masturbation, for the purpose of sexual stimulation of the viewer.
(e) Sadomasochistic abuse for the purpose of sexual stimulation of the viewer.
(f) Defecation or urination for the purpose of sexual stimulation of the viewer.
10. "Simulated" means any depicting of the genitals or rectal areas that gives the
appearance of sexual conduct or incipient sexual conduct.
11. "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. A person commits commercial sexual exploitation of a minor by knowingly:
1. 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.
2. 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.
3. 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.
4. 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.
B. 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. A person commits sexual exploitation of a minor by knowingly:
1. Recording, filming, photographing, developing or duplicating any visual
depiction in which a minor is engaged in exploitive exhibition or other sexual conduct.
2. 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.
B. 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.
C. 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.
13-3554 Luring a minor for sexual exploitation; classification
A. 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.
B. It is not a defense to a prosecution for a violation of this section that the
other person was a peace officer posing as a minor.
C. 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, subsection I.
13-3555 Portraying adult as minor; classification
A. 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.
B. 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.
C. Any person who violates this section is guilty of a class 1 misdemeanor.
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.
13-3558 Admitting minors to public displays of sexual conduct; constructive knowledge of age; classification
A. 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.
B. 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.
C. 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
A. 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.
B. 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.
C. 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.
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