Story Archive

Unconstitutionally Vague

Legislators in Arizona apparently wanted to toughen up the law on the sexual abuse of children, and made it illegal to touch a child’s genitals or anus, or a female child’s breast area, even if they don’t have them yet. The state’s supreme court has upheld the law, even though it makes it a felony to change a child’s diaper, or for a doctor to examine or treat illnesses in those places, because unlike every other state, Arizona’s new law doesn’t make “sexual intent” a factor — any touching in those places whatever is punishable by years in prison. The supreme court says the intent of the legislature is clear, and it’s not their job to fix the law. Their ruling notes that “prosecutor[s] are unlikely to charge parents, physicians and the like when the evidence demonstrates the presence of an affirmative defense.” In other words, rather than the state having to prove intent, parents and doctors will have to somehow prove they didn’t have improper intentions. (RC/KSAZ Phoenix) ...You know who needs to be more intentional? Voters.