A. A person commits commercial sexual exploitation of a minor by knowingly:
1. Using, employing, persuading, enticing, inducing or coercing a minor to engage in or assist others to engage in exploitive exhibition or other sexual conduct for the purpose of producing any visual depiction or live act depicting such conduct.
2. Using, employing, persuading, enticing, inducing or coercing a minor to expose the genitals or anus or the areola or nipple of the female breast for financial or commercial gain.
3. Permitting a minor under the person's custody or control to engage in or assist others to engage in exploitive exhibition or other sexual conduct for the purpose of producing any visual depiction or live act depicting such conduct.
4. Transporting or financing the transportation of any minor through or across this state with the intent that the minor engage in prostitution, exploitive exhibition or other sexual conduct for the purpose of producing a visual depiction or live act depicting such conduct.
5. Using an advertisement for prostitution as defined in section 13-3211 that contains a visual depiction of a minor.
B. Subsection A, paragraph 5 of this section does not apply to an act that is prohibited by section 13-3555 or to websites or internet service providers that host advertisements created and published by third parties and do not participate in creating or publishing the advertisements.
C. Commercial sexual exploitation of a minor is a class 2 felony and if the minor is under fifteen years of age it is punishable pursuant to section 13-705. Commercial sexual exploitation of a minor who is fifteen, sixteen or seventeen years of age is a class 2 felony, the person convicted shall be sentenced pursuant to this section and the person 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. The presumptive term may be aggravated or mitigated within the range under this section pursuant to section 13-701, subsections C, D and E. The terms are as follows:
1. The term for a first offense is as follows:
Minimum Presumptive Maximum
13 years 20 years 27 years
2. The term for a defendant who has one historical prior felony conviction is as follows:
Minimum Presumptive Maximum
25 years 35 years 45 years
3. The term for a defendant who has two or more historical prior felony convictions is as follows:
Minimum Presumptive Maximum
30 years 40 years 50 years
Notes of Decisions
Cited in
14
cases, 1981–2012 · leading case:
State v. Limpus, 625 P.2d 960 (Ariz. Ct. App. 1981).
State v. Limpus, 625 P.2d 960 (Ariz. Ct. App. 1981).
· cites it 18× “Appellant pled guilty to two counts of sexual exploitation of a minor, a Class II felony, in violation of A.R.S. §§ 13-3552, 13-3551, and one count of photographing a minor engaged in sexual conduct, a Class III felony, in violation of A.”
State of Arizona v. Steve Frank Mcpherson, 269 P.3d 1181 (Ariz. Ct. App. 2012).
· cites it 2× “Specifically, § 13-3553 characterizes the possession of child pornography as the crime of “sexual exploitation of a minor” and makes no distinction for the purposes of sentencing between such possession and the direct sexual exploitation of children by coercing them to perform…”
Norgord v. State Ex Rel. Berning, 33 P.3d 1166 (Ariz. Ct. App. 2001).
· cites it 2× “§§ 13-1415(G)(1) and 13-1420, which also appear in Title 13, chapter 14, but do not include indecent exposure. Both of those statutes, however, expressly define “sexual offense” only for the limited purposes stated therein.”
State v. Aguilar, 97 P.3d 865 (Ariz. 2004).
“§ 13-3552 (2001); and sexual exploitation of a minor, id.”
In Re the Appeal in Cochise Cnty. Juv. Action No. 5666-J, 650 P.2d 459 (Ariz. 1982).
“avior and which emotional damage is diagnosed by a medical doctor or psychologist as provided in § 8-223 and shall *160 include inflicting or allowing sexual abuse as provided in § 13-1404, sexual conduct with a minor as provided in § 13-1405, sexual assault as provided in §…”
State v. Espinoza, 276 P.3d 55 (Ariz. Ct. App. 2012).
“Commercial sexual exploitation of a minor pursuant to § 13-3552. 12. Sexual exploitation of a minor pursuant to § 13-3553.”
State v. Sandoval, 857 P.2d 395 (Ariz. Ct. App. 1993).
“section 13-3552 prohibiting the commercial sexual exploitation of a minor does not require that the offender be sexually motivated.”
State v. Gates, 897 P.2d 1345 (Ariz. Ct. App. 1994).
“section 13-3552(A)(1) void for vagueness).”
State v. Valdez, 894 P.2d 708 (Ariz. Ct. App. 1994).
“section 13-3552, and ten counts of sexual exploitation of a minor (counts II through XI), A.”
L.A.R. v. Ludwig, 821 P.2d 291 (Ariz. Ct. App. 1991).
“atment of children whose observation or examination of any minor discloses reasonable grounds to believe that a minor is or has been the victim of injury, sexual abuse pursuant to § 13-1404, sexual conduct with a minor pursuant to § 13-1405, sexual assault pursuant to § 13-1406,…”
In Re the Appeal in Maricopa Cnty. Juv. Action Nos. JS-4118/JD-529, 656 P.2d 1268 (Ariz. Ct. App. 1982).
“e behavior and which emotional damage is diagnosed by a medical doctor or psychologist as provided in § 8-223 and shall include inflicting or allowing sexual abuse as provided in § 13-1404, sexual conduct with a minor as provided in § 13-1405, sexual assault as provided in §…”
State v. Salzman, 679 P.2d 544 (Ariz. Ct. App. 1984).
“and shall include inflicting or allowing sexual abuse as provided in § 13-1404, sexual conduct with a minor as provided in § 13-1405, sexual assault as provided in § 13-1406, molestation of a child as provided in § 13-1410, commercial sexual exploitation of a minor as provided…”
— Ariz. Rev. Stat. § 13-3552(A)(1) — 2 cases
State v. Limpus, 625 P.2d 960 (Ariz. Ct. App. 1981).
“Appellant pled guilty to two counts of sexual exploitation of a minor, a Class II felony, in violation of A.R.S. §§ 13-3552, 13-3551, and one count of photographing a minor engaged in sexual conduct, a Class III felony, in violation of A.”
State v. Gates, 897 P.2d 1345 (Ariz. Ct. App. 1994).
“section 13-3552(A)(1) void for vagueness).”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.