Arizona Laws 13-3561. Unlawful age misrepresentation; classification; definition
A. A person commits unlawful age misrepresentation if the person is at least eighteen years of age, and knowing or having reason to know that the recipient of a communication is a minor, uses an electronic communication device to knowingly misrepresent the person’s age for the purpose of committing any sexual offense involving the recipient that is listed in section 13-3821, subsection A.
Terms Used In Arizona Laws 13-3561
- Act: means a bodily movement. 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
- Knowingly: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. 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 officers: means sheriffs of counties, constables, marshals, policemen of cities and towns, commissioned personnel of the department of public safety, personnel who are employed by the state department of corrections and the department of juvenile corrections and who have received a certificate from the Arizona peace officer standards and training board, peace officers who are appointed by a multicounty water conservation district and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by community college district governing boards and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by the Arizona board of regents and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by the governing body of a public airport pursuant to section 28-8426 and who have received a certificate from the Arizona peace officer standards and training board, peace officers who are appointed by a private postsecondary institution pursuant to section 15-1897 and who have received a certificate from the Arizona peace officer standards and training board and special agents from the office of the attorney general, or of a county attorney, and who have received a certificate from the Arizona peace officer standards and training board. See Arizona Laws 1-215
- 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
- Unlawful: means contrary to law or, where the context so requires, not allowed by law. See Arizona Laws 13-105
B. It is not a defense to a prosecution for a violation of this section that the recipient is not a minor.
C. This section does not apply to peace officers who act in their official capacity within the scope of their authority and in the line of duty.
D. Unlawful age misrepresentation is a class 3 felony, and if the minor is under fifteen years of age it is punishable pursuant to section 13-705.
E. For the purposes of this section, "electronic communication device" means any electronic device that is capable of transmitting visual depictions and includes any of the following:
1. A computer, computer system or network as defined in section 13-2301.
2. A cellular or wireless telephone as defined in section 13-4801.