This bill proposes updates to current Arizona statutes regarding the prosecution and sentencing of individuals involved in sex trafficking offenses. Under the new provisions, a person cannot be prosecuted for a sex trafficking offense if they can demonstrate that their actions were a direct result of being a victim of sex trafficking, as defined in sections 13-1307 and 13-3212. Additionally, individuals convicted of trafficking-related offenses may petition the court to vacate or modify their conviction or sentence if they can prove, by clear and convincing evidence, that they were victims of sex trafficking at the time of the offense and that they committed the offense under coercion or fear of harm.

The bill also introduces a definition for "trafficking-related offense," which encompasses various actions related to commercial sexual exploitation, such as recruiting and transporting individuals. Importantly, the new provisions will apply regardless of the individual's age at the time of conviction. Furthermore, the bill stipulates that the new section 13-909.01 will only take effect if it receives an affirmative vote from at least three-fourths of the members of each house of the legislature.

Statutes affected:
Introduced Version: 13-505, 13-909.01, 13-1307, 13-3212