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A.R.S. § 13-118

Sexual motivation special allegation; procedures; definition

Applied in 3 court decisions — leading case United States v. Macias (1999)

Most recently applied in Samuel Fuentes v. Tucson City Court Hon. Jay Cranshaw (December 2023)

How often courts cite this section

199920102020202310
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

A. In each criminal case involving an offense other than a sexual offense, the prosecutor may file a special allegation of sexual motivation if sufficient admissible evidence exists that would justify a finding of sexual motivation by a reasonable and objective finder of fact.

B. If the prosecutor files a special allegation of sexual motivation, the state shall prove beyond a reasonable doubt that the defendant committed the offense with a sexual motivation. The trier of fact shall find a special verdict as to whether the defendant committed the offense with a sexual motivation.

C. For purposes of this section "sexual motivation" means that one of the purposes for which the defendant committed the crime was for the purpose of the defendant's sexual gratification.

Official source: Arizona State Legislature. Reproduced from public-domain Arizona statutes; confirm against the official source for the current text. Not legal advice.