Arizona Proposition 313, Life Imprisonment for Sex Trafficking of a Child Measure (2024)

Arizona Proposition 313
Election date November 5, 2024
Topic Civil and criminal trials
Status a Approved
Type State statute	Origin State legislature

Arizona Proposition 313, the Arizona Life Imprisonment for Sex Trafficking of a Child Measure, was on the ballot in Arizona as a legislatively referred state statute on November 5, 2024. The ballot measure was approved.

A "yes" vote supported this ballot measure to require that anyone convicted of child sex trafficking be sentenced to life in prison without the possibility of parole or release.

A "no" vote opposed this ballot measure to require that anyone convicted of child sex trafficking be sentenced to life in prison without the possibility of parole or release.

Election results

Arizona Proposition 313
Result		Votes	Percentage
Yes		2,025,608	64.54%
No		1,112,951	35.46%

Results are officially certified.

Source

Overview

What did this measure change about child sex trafficking sentences in Arizona?

See also: Text of measure

The measure established a life sentence for anyone convicted of a Class 2 felony for child sex trafficking pursuant to Section 13-3212 of the Arizona Revised Statutes. Arizona law defines sex trafficking of a child as using a minor for the purposes of prostitution, or causing a minor to be used in prostitution, including transporting, recruiting, or providing for a minor to engage in prostitution or any sexually explicit performance.

As of 2024 in Arizona, a person found guilty of sex trafficking a child who was 15, 16, or 17 years of age could receive up to 10 to 24 years for a first-time offense. A person found guilty of sex trafficking a child under 15 was punished under ARS 13-705, the dangerous crimes against children sentencing statute (or DCAC), with a minimum sentence of 13 years in prison for a first-time offender.

How did this measure get on the ballot?

See also: Path to the ballot

In Arizona, in order for the state legislature to place a legislatively referred state statute on the ballot, a simple majority vote is required in each chamber of the legislature during one legislative session. This amounts to a minimum of 31 votes in the Arizona House of Representatives and 16 votes in the Arizona State Senate, assuming no vacancies. Statutes do not require the governor's signature to be referred to the ballot.

The measure was introduced on February 1, 2024 as Senate Concurrent Resolution 1021 (SCR 1021). It passed the Senate by 20-8 on March 11, 2024, with 16 Republicans and four Democrats voting for the measure, while eight Democrats opposed the measure. SCR 1021 then passed the House by 31-27, with 31 Republicans voting for the measure and 27 Democrats opposing the measure.

What were the arguments for and against the measure?

See also: Support and Opposition

In support of the measure, State Rep. Selina Bliss (R-1) said, "We're sending a strong message here in Arizona that our children are not for sale. Not now, not ever."

In opposition to the measure, State Rep. Mitzi Epstein (D-12) said, "This would send teenagers to prison for life. It could be fixed to not harm the victims. Instead, we have a very extreme version that could send teenagers to prison for life who have already been sex trafficked themselves. They are the victims of this crime. They have been coerced, and they are teenagers and this would be sending them to prison themselves."

Text of measure

Ballot title

The official ballot title was as follows:

“

PROPOSITION 313 REFERRED TO THE PEOPLE BY THE LEGISLATURE RELATING TO CHILD SEX TRAFFICKING SENTENCING Official Title AMENDING TITLE 13, CHAPTER 7, ARIZONA REVISED STATUTES, BY ADDING SECTION 13-720; RELATING TO SENTENCING. Descriptive Title THE LAW WOULD REQUIRE THAT A PERSON CONVICTED OF CHILD SEX TRAFFICKING (CLASS 2 FELONY) BE SENTENCED TO IMPRISONMENT IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS FOR NATURAL LIFE AND WILL NOT BE ELIGIBLE FOR ANY FORM OF RELEASE.

”

Ballot summary

The official ballot summary was as follows:

“

A "yes" vote shall have the effect of eliminating the current sentencing ranges for a child sex trafficking conviction. Instead, anyone convicted of a Class 2 felony for child sex trafficking would have to be sentenced to imprisonment for natural life without the possibility of release. A "no" vote shall have the effect of maintaining the current statutory sentencing guidelines for those convicted of a Class 2 felony for child sex trafficking. The current sentencing ranges are as follows: a) for a defendant’s first offense, a minimum of 13 years imprisonment; b) for a defendant with one historical prior felony conviction, a minimum of 25 years imprisonment; and c) for a defendant with two or more prior felony convictions, a minimum of 30 years imprisonment.

”

Full text

The full text of the ballot initiative is below:

Readability score

See also: Ballot measure readability scores, 2024

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The attorney general wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 10, and the FRE is 37. The word count for the ballot title is 69.

The FKGL for the ballot summary is grade level 14, and the FRE is 33. The word count for the ballot summary is 120.

Support

Supporters

Officials

• State Rep. Selina Bliss (R)

Organizations

• Center for Arizona Policy
• Common Sense Action for America

Arguments

• State Rep. Selina Bliss (R-1): "We’re sending a strong message here in Arizona that our children are not for sale. Not now, not ever."

Opposition

Opponents

Officials

• State Sen. Denise Epstein (D)
• State Rep. Analise Ortiz (D)
• Tucson Mayor Regina Romero (D)

Political Parties

• Arizona Working Families Party

Organizations

• Arizona Coalition to End Sexual and Domestic Violence
• Arizona National Organization for Women
• League of Women Voters of Arizona
• Middle Ground Prison Reform

Arguments

• State Rep. Analise Ortiz (D-24): "This is something that the experts in sex trafficking know it happens that there are victims who are used to coerce other victims into the trade. That is the harsh reality, and we do not want those minors who have been severely traumatized locked up because of this bill."
• State Sen. Mitzi Epstein (D-12): "This would send teenagers to prison for life. It could be fixed to not harm the victims. Instead, we have a very extreme version that could send teenagers to prison for life who have already been sex trafficked themselves. They are the victims of this crime. They have been coerced, and they are teenagers and this would be sending them to prison themselves."

Campaign finance

See also: Campaign finance requirements for Arizona ballot measures

Ballotpedia did not identify ballot measure committees registered to support or oppose the ballot measure.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$0.00	$0.00	$0.00	$0.00	$0.00
Oppose	$0.00	$0.00	$0.00	$0.00	$0.00
Total	$0.00	$0.00	$0.00	$0.00	$0.00

Background

Arizona penalties against sex trafficking of a minor child

In Arizona, as of 2024, a person commits child sex trafficking by knowingly:

• Causing any minor to engage in prostitution or to use any minor for prostitution, or permitting a minor under their custody to engage in prostitution;
• Receiving any benefit of procuring or placing a minor in charge of a person for the purpose of prostitution;
• Financing, managing, supervising, or controlling any prostitution activity involving a minor;
• Transporting or financing the transportation of a minor with the intent of engaging the minor in prostitution;
• Providing a means by which the minor engages in prostitution;
• Enticing, recruiting, harboring, or transporting a minor with the intent to cause the minor to engage in prostitution or a sexually explicit performance; or
• Engaging in prostitution with a minor who is under fifteen years of age, or engaging with a prostitution with a minor who the person knows or should have known is fifteen, sixteen, or seventeen years of age.

If the minor is 15, 16, or 17 years old, the sentencing ranges for child sex trafficking consist of the following:

• 10 to 24 years for first-time offenders;
• 17 to 31 years for second-time offenders; or
• 24 to 38 years for a third or more previous offenses.

If a minor is under 15 years old, the convicted person can be charged under statute ARS 13-705 Dangerous Crimes Against Children, and can receive a minimum of 13 years in prison and up to life in prison.

Historical facts of ballot measures in Arizona

See also: List of Arizona ballot measures and History of Initiative & Referendum in Arizona

In Arizona, a total of 178 ballot measures appeared on statewide ballots between 1985 and 2022. Ninety-six (96) ballot measures were approved, and 82 ballot measures were defeated. For legislatively referred state statutes, 12 were approved and six were defeated between 1985 and 2022.

Arizona statewide ballot measures, 1985-2022
Total number	Annual average	Annual minimum	Annual maximum	Approved		Defeated
				#	%	#	%
178	4.57	0	19	96	53.93	82	46.07

Path to the ballot

A simple majority vote is required during one legislative session for the Arizona State Legislature to place a state statute on the ballot. That amounts to a minimum of 31 votes in the Arizona House of Representatives and 16 votes in the Arizona State Senate, assuming no vacancies. Statutes do not require the governor's signature to be referred to the ballot.

The measure, Senate Concurrent Resolution 1021, was introduced to the Arizona State Senate on February 1, 2024. It passed the Senate on March 11, 2024 by a 20-8 vote. It passed the House 31-27 on March 18, 2024.

Vote in the Arizona State Senate March 11, 2024
Requirement:
Number of yes votes required: 16  a
	Yes	No	Not voting
Total	20	8	2
Total percent	66.7%	26.7%	6.7%
Democrat	4	8	2
Republican	16	0	0

Vote in the Arizona House of Representatives March 18, 2024
Requirement:
Number of yes votes required: 31  a
	Yes	No	Not voting
Total	31	27	2
Total percent	51.7%	45%	3.3%
Democrat	0	27	2
Republican	31	0	0

How to cast a vote

See also: Voting in Arizona

See below to learn more about current voter registration rules, identification requirements, and poll times in Arizona.

How to vote in Arizona

Poll times

In Arizona, all polling places are open from 6:00 a.m. to 7:00 p.m. local time. An individual who is in line at the time polls close must be allowed to vote.

Registration

Check your voter registration status here.

To vote in Arizona, one must be a citizen of the United States and a resident of an Arizona county. A voter must be 18 years or older on or before Election Day. Arizona also requires voters to provide documentary proof of citizenship to vote for state and local elections

To be eligible to vote in an election one must register at least 29 days prior to the election. Individuals can register online, in person at the county recorder's office, or by mail.

Automatic registration

Arizona does not practice automatic voter registration.

Online registration

See also: Online voter registration

Arizona has implemented an online voter registration system. Residents can register to vote by visiting this website.

Same-day registration

Arizona does not allow same-day voter registration.

Residency requirements

Arizona law requires 29 days of residency in the state before a person may vote.

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

Arizona requires voters to submit proof of citizenship with their voter registration application to vote in state and local elections. According to the Arizona Secretary of State's website: "A registrant who attests to being a citizen but fails to provide proof of citizenship and whose citizenship is not otherwise verified will be eligible to vote only in federal elections (known as being a 'federal only' voter)." Accepted proof of citizenship include:

• An Arizona Driver's License/Identification Number
• Indian Census Number, Bureau of Indian Affairs Card Number, Tribal Treaty Card Number, or Tribal Enrollment Number
• A photocopy of U.S. naturalization documents
• A photocopy of a birth certificate and supporting legal documentation (i.e., marriage certificate) if the name on the birth certificate is not the same as your current legal name.
• A photocopy of a U.S. passport.
• A photocopy of a Tribal Certificate of Indian Blood or Bureau of Indian Affairs Affidavit of Birth.

On August 22, 2024, the U.S. Supreme Court issued an emergency order partially granting the Republican National Committee and Arizona Republicans' request to enforce a 2022 law related to proof of citizenship requirements. The court allowed the enforcement of the provision requiring the state to reject state voter registration forms submitted without proof of citizenship. Previously, a person who submitted a state voter registration form without proof of citizenship could still be a federal only voter. After the court's ruling, a person unable to provide proof of citizenship would need to submit a federal voter registration form in order to vote in federal elections. Read more about legal challenges to this law here.

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

Verifying your registration

The Arizona Voter Information Portal, run by the Arizona Secretary of State's office, allows residents to check their voter registration status online.

Voter ID requirements

Arizona requires voters to present photo identification or two forms of non-photo identification while voting.

The following were accepted forms of identification as of July 2024: Click here for the Arizona Citizens Clean Elections Commission's page on accepted ID to ensure you have the most current information.

Voters can present one of the following forms of ID that contain the voter’s photograph, name, and address:

• Arizona driver’s license
• U.S. federal, state, or local government-issued ID, issued with printed name and address
• Arizona ID card
• Tribal enrollment card or other form of tribal ID

If a voter does not have one of the above forms of ID, the voter can present two of the following forms of ID that contain the voter’s name and address:

• Utility bill in the voter's name
• Bank or credit union statement that is dated within 90 days of the date of the election
• Valid Arizona vehicle registration
• Arizona vehicle insurance card
• Indian census card
• Property tax statement
• Recorder's certificate or voter registration card
• Tribal enrollment card or other tribal ID
• Valid U.S. federal, state, or local government-issued ID with a printed name and address or
• Any mailing in the voter's name that is labeled "official election material"  

Additionally, if a voter presents photo ID that does not list an address within the precinct in which he or she wants to cast a vote, that person may present the photo ID with one non-photo identification material from the second list above. The identification material should include the voter’s address.

See also

2024 measures

• 2024 ballot measures
• Civil and criminal trials on the ballot

Arizona

• Arizona ballot measures
• Arizona ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• AZ SCR1021