Committee adopts amendment and advances bill creating new felony category for observing minor for sexual gratification

The Arizona House Judiciary Committee returned House Bill 2115 with a due-pass recommendation after adopting an amendment that narrows who is covered and clarifies the statute’s scope.

Research staff told the committee that HB 2115 would add to the criminal statute a provision making it a felony to knowingly observe a minor for the purpose of engaging in sexual conduct for the person’s sexual gratification. The committee considered, and adopted, a two‑page amendment that specifies the provision does not apply to perpetrators under age 18.

Representative Colligan, who reintroduced the measure after it stalled in the Senate last year, said the change responds to a law‑enforcement identified gap in existing statutes. “One of the goals that I have in my life is to come down here and protect the vulnerable population, meaning children, from predators,” he said, and added that the amendment was designed to avoid criminalizing consensual adolescent relationships.

Rebecca Baker, legislative liaison for the Maricopa County Attorney’s Office, testified the bill closed an enforcement gap the office had encountered: current law prohibits photographing or possessing sexualized images of a naked minor, Baker said, but does not expressly prohibit a person who observes a naked minor live for the purpose of sexual gratification. She urged support.

Opponents, including a volunteer attorney with Arizona Attorneys for Criminal Justice, said the bill risked duplicating existing offenses such as attempted sexual conduct with a minor, and could create problematic prosecutions that require proof of a defendant’s state of mind. AACJ argued concerns that ordinary parental photos or cases involving misrepresented ages on dating apps could be swept in absent careful drafting.

The committee adopted the sponsor’s amendment and reported the bill to the next stage by voice vote. The chair announced the tally as nine ayes and zero nays after floor members explained their votes; several members said they might seek further clarifying amendments on the floor, especially on age distinctions.

Why it matters: Supporters — including county attorneys and survivor advocates — said the bill fills an evidentiary gap prosecutors have identified and protects children from a form of grooming or exploitation that is not always covered by current statutes. Opponents warned of overbreadth and urged precise age-based drafting.

Votes at a glance: HB 2115 (as amended) — due pass recommendation; tally announced by chair: yes 9, no 0.