Ariz. Rev. Stat. » Title 13
Arizona Revised Statutes

Ariz. Rev. Stat. § 13-118 (2026)

Sexual motivation special allegation; procedures; definition

✓ current as of May 2026
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A. In each criminal case involving an offense other than a sexual offense, the prosecutor may file a special allegation of sexual motivation if sufficient admissible evidence exists that would justify a finding of sexual motivation by a reasonable and objective finder of fact.

B. If the prosecutor files a special allegation of sexual motivation, the state shall prove beyond a reasonable doubt that the defendant committed the offense with a sexual motivation. The trier of fact shall find a special verdict as to whether the defendant committed the offense with a sexual motivation.

C. For purposes of this section "sexual motivation" means that one of the purposes for which the defendant committed the crime was for the purpose of the defendant's sexual gratification.  

Notes of Decisions
Cited in 20 cases (2 in the last 5 years), 1999–2023 · leading case: Fushek v. State, 183 P.3d 536 (Ariz. 2008).
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Fushek v. State, 183 P.3d 536 (Ariz. 2008). · cites it 14× “The State also filed a special allegation of sexual motivation pursuant to A.R.S. § 13-118 1 for each alleged offense.”
In Re the Commitment of Taylor, 78 P.3d 1076 (Ariz. Ct. App. 2003). · cites it 19× “¶ 3 On remand, Taylor entered into a plea agreement, under which he agreed to plead no contest to a reduced charge of attempted kidnapping, admitted “that the offense charged in this plea agreement was committed for the purpose of sexual gratification pursuant to A.R.S. §…”
State of Arizona v. Oscar Pena Trujillo, 462 P.3d 550 (Ariz. 2020). · cites it 3× “Registration is triggered by a conviction for certain specified crimes, as well as crimes where there has been a “finding of sexual motivation pursuant to § 13-118.” See § 13- 3821(A), (C). Convictions for some crimes mandate registration, while others allow for discretion in…”
State v. Harlow, 200 P.3d 1008 (Ariz. Ct. App. 2008). · cites it 4× “Discussion ¶ 5 On appeal, Harlow argues the trial court erred in modifying the verdict form after the jury had retired to deliberate. He contends this court must, therefore, vacate the portion of the judgment of conviction that reflects he had committed the offense with a sexual…”
State v. Espinoza, 276 P.3d 55 (Ariz. Ct. App. 2012). · cites it 2× “1 of title 13, or of any offense which, pursuant to AR.S. § 13-118, the state has alleged, and the trier of fact has found, was committed for the purpose of sexual gratification.”
State v. Whalen, 588 S.E.2d 677 (W. Va. 2003). “of Criminal Appeals 1999), the court noted that Arizona statute A.R.S. 13-118 [1995] requires the prosecutor to file a special pre-trial allegation of sexual motivation.”
State v. Trujillo, 430 P.3d 379 (Ariz. Ct. App. 2018). · cites it 4× “¶14 In Fushek , the issue was whether Arizona's constitution guarantees a jury trial to a misdemeanor defendant when the state files an allegation of sexual motivation pursuant to A.R.S. § 13-118. 3 218 Ariz. 285 , ¶ 1, 183 P.”
State v. Barr, 175 P.3d 694 (Ariz. Ct. App. 2008). “For which there has been a finding of sexual motivation pursuant to section 13-118. 5. In which the victim is a minor under fifteen years of age.”
United States v. Macias, 53 M.J. 728 (A.C.C.A. 1999). “, Ariz.Rev. Stat. § 13-118 (1995) requires the prosecutor, in a non-sex offense case, to file a special allegation of sexual motivation if he desires to impose a registration requirement), appellant’s registration requirement is not definitively established.”
Fushek v. State, 159 P.3d 584 (Ariz. Ct. App. 2007). “for an offense for which there was a finding of sexual motivation pursuant to § 13-118 may require the person who committed the offense to register pursuant to this section.”
State of Arizona v. Elifonso Anthony Cruz, 504 P.3d 283 (Ariz. Ct. App. 2022). · cites it 19× “¶3 Before his third trial, Cruz entered into a plea agreement in which he admitted to one count of aggravated assault committed in violation of, inter alia, A.R.S. §§ 13-118 and 13-1204. In the plea agreement, Cruz admitted he had committed the aggravated assault for the purpose…”
Commitment of Olin Gene Taylor (Ariz. Ct. App. 2003). · cites it 17× “” ¶20 What we now know is that Taylor’s written plea agreement did indeed contain an express proviso that the attempted kidnapping charge he admitted had been “committed for the purpose of sexual gratification pursuant to A.R.S. § 13-118.” This admission is, of course, highly…”
Show all 20 citing cases →
— Ariz. Rev. Stat. § 13-118(A) — 7 cases
Fushek v. State, 183 P.3d 536 (Ariz. 2008). “The State also filed a special allegation of sexual motivation pursuant to A.R.S. § 13-118 1 for each alleged offense.”
In Re the Commitment of Taylor, 78 P.3d 1076 (Ariz. Ct. App. 2003). “¶ 3 On remand, Taylor entered into a plea agreement, under which he agreed to plead no contest to a reduced charge of attempted kidnapping, admitted “that the offense charged in this plea agreement was committed for the purpose of sexual gratification pursuant to A.R.S. §…”
State v. Harlow, 200 P.3d 1008 (Ariz. Ct. App. 2008). “Discussion ¶ 5 On appeal, Harlow argues the trial court erred in modifying the verdict form after the jury had retired to deliberate. He contends this court must, therefore, vacate the portion of the judgment of conviction that reflects he had committed the offense with a sexual…”
State v. Trujillo, 430 P.3d 379 (Ariz. Ct. App. 2018). “¶14 In Fushek , the issue was whether Arizona's constitution guarantees a jury trial to a misdemeanor defendant when the state files an allegation of sexual motivation pursuant to A.R.S. § 13-118. 3 218 Ariz. 285 , ¶ 1, 183 P.”
Commitment of Olin Gene Taylor (Ariz. Ct. App. 2003). “” ¶20 What we now know is that Taylor’s written plea agreement did indeed contain an express proviso that the attempted kidnapping charge he admitted had been “committed for the purpose of sexual gratification pursuant to A.R.S. § 13-118.” This admission is, of course, highly…”
— Ariz. Rev. Stat. § 13-118(B) — 4 cases
State of Arizona v. Oscar Pena Trujillo, 462 P.3d 550 (Ariz. 2020). “Registration is triggered by a conviction for certain specified crimes, as well as crimes where there has been a “finding of sexual motivation pursuant to § 13-118.” See § 13- 3821(A), (C). Convictions for some crimes mandate registration, while others allow for discretion in…”
State v. Harlow, 200 P.3d 1008 (Ariz. Ct. App. 2008). “Discussion ¶ 5 On appeal, Harlow argues the trial court erred in modifying the verdict form after the jury had retired to deliberate. He contends this court must, therefore, vacate the portion of the judgment of conviction that reflects he had committed the offense with a sexual…”
State v. Acuna (Ariz. Ct. App. 2020).
State of Arizona v. Robert William Harlow (Ariz. Ct. App. 2008).
— Ariz. Rev. Stat. § 13-118(C) — 2 cases
In Re the Commitment of Taylor, 78 P.3d 1076 (Ariz. Ct. App. 2003). “¶ 3 On remand, Taylor entered into a plea agreement, under which he agreed to plead no contest to a reduced charge of attempted kidnapping, admitted “that the offense charged in this plea agreement was committed for the purpose of sexual gratification pursuant to A.R.S. §…”
Commitment of Olin Gene Taylor (Ariz. Ct. App. 2003). “” ¶20 What we now know is that Taylor’s written plea agreement did indeed contain an express proviso that the attempted kidnapping charge he admitted had been “committed for the purpose of sexual gratification pursuant to A.R.S. § 13-118.” This admission is, of course, highly…”
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