13-3551. Definitions
In this chapter, unless the context otherwise requires:
1. "Advertising" or "advertisement" means any message in any medium that offers or solicits any person to engage in sexual conduct in this state.
2. "Communication service provider" has the same meaning prescribed in section 13-3001.
3. "Computer" has the same meaning prescribed in section 13-2301, subsection E.
4. "Computer system" has the same meaning prescribed in section 13-2301, subsection E.
5. "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.
6. "Indistinguishable" means a visual depiction such that a person viewing the depiction would reasonably conclude that the depiction is of an actual minor.
7. "Minor":
(a) Means a person or persons who were under eighteen years of age at the time a visual depiction was created, adapted or modified.
(b) Includes a visual depiction that is indistinguishable from an actual minor.
8. "Network" has the same meaning prescribed in section 13-2301, subsection E.
9. "Producing" means financing, directing, manufacturing, issuing, publishing or advertising for pecuniary gain.
10. "Remote computing service" has the same meaning prescribed in section 13-3001.
11. "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.
12. "Simulated" means any depicting of the genitals or rectal areas that gives the appearance of sexual conduct or incipient sexual conduct.
13. "Visual depiction" includes each visual image that is contained in an undeveloped film, videotape or photograph or data stored in any form, regardless of whether the image is created or modified by means of computer software, artificial intelligence or other digital editing tools, and that is capable of conversion into a visual image.
Notes of Decisions
Cited in
44
cases (
12 in the last 5 years), 1981–2026 · leading case:
State v. Berger, 134 P.3d 378 (Ariz. 2006).
State v. Berger, 134 P.3d 378 (Ariz. 2006).
· cites it 8× “" A.R.S. § 13-3551(11). If a depiction involves a minor under the age of fifteen, the offense is characterized as a dangerous crime against children.”
State v. Hazlett, 73 P.3d 1258 (Ariz. Ct. App. 2003).
· cites it 11× “Our review of A.R.S. §§ 13-3551 and 13-3553 leads us to conclude that their scope is limited to visual depictions of “actual minors” actually engaged in real or simulated exploitative exhibition or sexual conduct.”
State v. Yegan, 221 P.3d 1027 (Ariz. Ct. App. 2009).
· cites it 8× “Section 13-3551(9) was previously numbered as § 13-3551(8), but the language of the definition did not change.”
State v. Lindsey, 720 P.2d 73 (Ariz. 1986).
· cites it 2× “The jury found they depicted sexual conduct as defined in A.R.S. § 13-3551(2)(f) in violation of A.”
State v. Chandler, 418 P.3d 1109 (Ariz. Ct. App. 2017).
· cites it 9× “Shortly thereafter, the legislature amended §§ 13-3551 and 13-3553. 1996 Ariz. Sess. Laws, ch.”
State v. Limpus, 625 P.2d 960 (Ariz. Ct. App. 1981).
· cites it 4× “§ 13-3552, is defined in A.R.S. § 13-3551. The conduct with which we are concerned in this case is specifically defined in A.”
State v. Gates, 897 P.2d 1345 (Ariz. Ct. App. 1994).
· cites it 5× “section 13-3551(2) defines several kinds of activity as sexual conduct within the meaning of the child pornography statutes.”
State v. Valdez, 894 P.2d 708 (Ariz. Ct. App. 1994).
· cites it 5× “AR.S. § 13-3551(4). Although appellant concedes that he possessed the three rolls of undeveloped 35mm film, he notes that he never took possession *169 of any of the developed photographs because police seized the film directly from Walgreen’s.”
State v. Rix, 536 P.3d 253 (Ariz. Ct. App. 2023).
· cites it 6× “See A.R.S. §§ 13-3551 (defining terms applicable to sexual exploitation offenses), -3553(A)(2) (statutory elements of sexual exploitation of a minor).”
State of Arizona v. Whytte Dragun Duncan, 548 P.3d 1128 (Ariz. Ct. App. 2024).
· cites it 10× “4 Quoting A.R.S. § 13-3551(5), he contends there was “insufficient evidence presented at trial that the images were made ‘for the purposes of sexual stimulation.”
— Ariz. Rev. Stat. § 13-3551(10) — 2 cases
State v. Hazlett, 73 P.3d 1258 (Ariz. Ct. App. 2003).
“Our review of A.R.S. §§ 13-3551 and 13-3553 leads us to conclude that their scope is limited to visual depictions of “actual minors” actually engaged in real or simulated exploitative exhibition or sexual conduct.”
— Ariz. Rev. Stat. § 13-3551(10)(a) — 1 case
— Ariz. Rev. Stat. § 13-3551(11) — 4 cases
State v. Berger, 134 P.3d 378 (Ariz. 2006).
“" A.R.S. § 13-3551(11). If a depiction involves a minor under the age of fifteen, the offense is characterized as a dangerous crime against children.”
— Ariz. Rev. Stat. § 13-3551(12) — 4 cases
— Ariz. Rev. Stat. § 13-3551(2) — 1 case
State v. Gates, 897 P.2d 1345 (Ariz. Ct. App. 1994).
“section 13-3551(2) defines several kinds of activity as sexual conduct within the meaning of the child pornography statutes.”
— Ariz. Rev. Stat. § 13-3551(2)(f) — 4 cases
State v. Lindsey, 720 P.2d 73 (Ariz. 1986).
“The jury found they depicted sexual conduct as defined in A.R.S. § 13-3551(2)(f) in violation of A.”
State v. Gates, 897 P.2d 1345 (Ariz. Ct. App. 1994).
“section 13-3551(2) defines several kinds of activity as sexual conduct within the meaning of the child pornography statutes.”
State v. Limpus, 625 P.2d 960 (Ariz. Ct. App. 1981).
“§ 13-3552, is defined in A.R.S. § 13-3551. The conduct with which we are concerned in this case is specifically defined in A.”
— Ariz. Rev. Stat. § 13-3551(4) — 6 cases
State v. Valdez, 894 P.2d 708 (Ariz. Ct. App. 1994).
“AR.S. § 13-3551(4). Although appellant concedes that he possessed the three rolls of undeveloped 35mm film, he notes that he never took possession *169 of any of the developed photographs because police seized the film directly from Walgreen’s.”
State v. Hazlett, 73 P.3d 1258 (Ariz. Ct. App. 2003).
“Our review of A.R.S. §§ 13-3551 and 13-3553 leads us to conclude that their scope is limited to visual depictions of “actual minors” actually engaged in real or simulated exploitative exhibition or sexual conduct.”
— Ariz. Rev. Stat. § 13-3551(5) — 7 cases
State v. Hazlett, 73 P.3d 1258 (Ariz. Ct. App. 2003).
“Our review of A.R.S. §§ 13-3551 and 13-3553 leads us to conclude that their scope is limited to visual depictions of “actual minors” actually engaged in real or simulated exploitative exhibition or sexual conduct.”
State v. Chandler, 418 P.3d 1109 (Ariz. Ct. App. 2017).
“Shortly thereafter, the legislature amended §§ 13-3551 and 13-3553. 1996 Ariz. Sess. Laws, ch.”
State of Arizona v. Whytte Dragun Duncan, 548 P.3d 1128 (Ariz. Ct. App. 2024).
“4 Quoting A.R.S. § 13-3551(5), he contends there was “insufficient evidence presented at trial that the images were made ‘for the purposes of sexual stimulation.”
State v. Rix, 536 P.3d 253 (Ariz. Ct. App. 2023).
“See A.R.S. §§ 13-3551 (defining terms applicable to sexual exploitation offenses), -3553(A)(2) (statutory elements of sexual exploitation of a minor).”
— Ariz. Rev. Stat. § 13-3551(6) — 3 cases
— Ariz. Rev. Stat. § 13-3551(8) — 1 case
State v. Yegan, 221 P.3d 1027 (Ariz. Ct. App. 2009).
“Section 13-3551(9) was previously numbered as § 13-3551(8), but the language of the definition did not change.”
— Ariz. Rev. Stat. § 13-3551(9) — 4 cases
State v. Yegan, 221 P.3d 1027 (Ariz. Ct. App. 2009).
“Section 13-3551(9) was previously numbered as § 13-3551(8), but the language of the definition did not change.”
State v. Hazlett, 73 P.3d 1258 (Ariz. Ct. App. 2003).
“Our review of A.R.S. §§ 13-3551 and 13-3553 leads us to conclude that their scope is limited to visual depictions of “actual minors” actually engaged in real or simulated exploitative exhibition or sexual conduct.”
— Ariz. Rev. Stat. § 13-3551(9)(a) — 1 case
— Ariz. Rev. Stat. § 13-3551(9)(b) — 1 case
State v. Yegan, 221 P.3d 1027 (Ariz. Ct. App. 2009).
“Section 13-3551(9) was previously numbered as § 13-3551(8), but the language of the definition did not change.”
— Ariz. Rev. Stat. § 13-3551(9)(c) — 1 case
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