ARIZONA STATE SENATE

RESEARCH STAFF

 

KIMBERLY J. YEE

LEGISLATIVE  RESEARCH ANALYST

EDUCATION COMMITTEE

Telephone: (602) 542-3171

Facsimile: (602) 542-7833

 

TO:                  MEMBERS OF THE SENATE

                        COMMITTEE ON EDUCATION                 

DATE:             March 27, 2001

 

SUBJECT:       Strike Everything Amendment to H.B. 2183 (small and rural school districts) relating to minors; sexual exploitation

                                                                                                                                                            

           

 

Purpose

 

Adds, to criminal statutes relating to sexual exploitation of children, the definition of “minor” as a person who was or persons who were under age 18 at the time a visual depiction was created, adapted or modified.

 

Background

 

The strike everything amendment to H.B. 2183 addresses child pornography issues relating to the exploitation of children under 18 years of age who are visually depicted in an undeveloped film, videotape or photograph or data stored in a form capable of being converted into a visual image, such as through computer-generated production.  The process of generating artificial computerized images, such as the face of one person onto another person’s body, is known as “morphing.”

 

Child pornography cases dealing with sexually explicit morphed images of minors have raised issues of whether computer-generated images of minors represent actual people.  While visual depiction is defined as an image of a person who is a human being, current law does not clearly define the term “minor” in sections of criminal statutes relating to sexual exploitation of minors.  The strike everything amendment to H.B. 2183 defines the term “minor.”

 

Sexual exploitation of a minor is a class 2 felony if the minor is under the age of 15.  The criminal offense carries a minimum sentence of three years and a maximum sentence of 12.5 years if the minor is age 15 or older.  If the minor is under age 15, punishment can range from a sentence of 10 to 24 years.  

 

There is no discernable fiscal impact to the state general fund associated with this bill. 

 

Provisions

 

1.      Adds, to criminal statutes relating to sexual exploitation of children, the definition of “minor” as a person or persons who was under age 18 at the time a visual depiction was created, adapted or modified.

 

2.      Makes technical and conforming changes.

 

3.      Provides for a general effective date.

 

House Action

 

ED                   2/5/01              DP       7-0-0-3

WM                 2/20/01            DP       9-0-0-1

3rd Read           3/12/01                        33-17-10