State v. Holle (Arizona State Supreme Court) -- Amici Curiae Brief of Law Professors in Support of Respondent's motion for reconsideration

Abstract

In State v. Holle, the Supreme Court of Arizona held that the legislature may redefine the crime of child molestation to include the intentional touching of any part of the genitals, anus or female breast of a minor, and it may place the burden to prove that such touching was not the result of a sexual motivation on the defendant. In this brief, law professors explain why this burden shifting raises serious constitutional questions and thus why the Supreme Court should reconsider its previous ruling and construe the statute so that sexual motivation is an element of the crime rather than an affirmative defense.