Arizona Laws 13-3560. Aggravated luring a minor for sexual exploitation; classification; definitions
A. A person commits aggravated luring a minor for sexual exploitation if the person does both of the following:
Terms Used In Arizona Laws 13-3560
- Conduct: means an act or omission and its accompanying culpable mental state. See Arizona Laws 13-105
- Felony: means an offense for which a sentence to a term of imprisonment in the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
- Minor: means a person or persons who were under eighteen years of age at the time a visual depiction was created, adapted or modified. See Arizona Laws 13-3551
- Peace officer: means any person vested by law with a duty to maintain public order and make arrests and includes a constable. See Arizona Laws 13-105
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- 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. See Arizona Laws 13-3551
1. Knowing the character and content of the depiction, uses an electronic communication device to transmit at least one visual depiction of material that is harmful to minors for the purpose of initiating or engaging in communication with a recipient who the person knows or has reason to know is a minor.
2. By means of the communication, offers or solicits sexual conduct with the minor. The offer or solicitation may occur before, contemporaneously with, after or as an integrated part of the transmission of the visual depiction.
B. It is not a defense to a prosecution for a violation of this section that the other person is not a minor or that the other person is a peace officer posing as a minor.
C. Aggravated luring a minor for sexual exploitation is a class 2 felony, and if the minor is under fifteen years of age it is punishable pursuant to section 13-705, subsection F. A person who is convicted of a violation of 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.
D. The defense prescribed in section 13-1407, subsection E applies to a prosecution pursuant to this section.
E. For the purposes of this section:
1. "Electronic communication device" means any electronic device that is capable of transmitting visual depictions and includes any of the following:
(a) A computer, computer system or network as defined in section 13-2301.
(b) A cellular telephone or wireless telephone as defined in section 13-4801.
2. "Harmful to minors" has the same meaning prescribed in section 13-3501.