This bill proposes to amend current statutes regarding sexual offenses by introducing retroactive provisions that would apply to certain cases dating back to December 31, 2004. Specifically, it aims to modify sections 13-1401 and 13-1407 of the Arizona Revised Statutes, as amended by Laws 2018, chapter 266, to ensure that the changes made by this legislation are applicable to past cases.
The key updates include removing the affirmative defense to sexual abuse and molestation of a child that the defendant was not motivated by a sexual interest and excluding from the definition of sexual contact any direct or indirect touching or manipulation during caretaking responsibilities or interactions with a minor or vulnerable adult that an objective, reasonable person would recognize as normal and reasonable under the circumstances. These changes aim to strengthen the legal framework surrounding sexual offenses and clarify the definitions and defenses applicable in such cases.