Well, this is . . . possibly alarming?
Original ruling
here
Commentary from Slate
here
The Arizona Supreme Court issued a stunning and horrifying decision on Tuesday, interpreting a state law to criminalize any contact between an adult and a child’s genitals. According to the court, the law’s sweep encompasses wholly innocent conduct, such as changing a diaper or bathing a baby. As the stinging dissent notes, “parents and other caregivers” in the state are now considered to be “child molesters or sex abusers under Arizona law.” Those convicted under the statute may be imprisoned for five years.
How did this happen? A combination of bad legislating and terrible judging. Start with the legislature, which passed laws forbidding any person from “intentionally or knowingly … touching … any part of the genitals, anus or female breast” of a child “under fifteen years of age.” Notice something odd about that? Although the laws call such contact “child molestation” or “sexual abuse,” the statutes themselves do not require the “touching” to be sexual in nature. (No other state’s law excludes this element of improper sexual intent.) Indeed, read literally, the statutes would seem to prohibit parents from changing their child’s diaper. And the measures forbid both “direct and indirect touching,” meaning parents cannot even bathe their child without becoming sexual abusers under the law.