Kidnapping Children Statute In Arizona
Even assuming that section 13-1304(B) "enhances" the sentence for perpetrators who kidnap children under the age of fifteen, the Majority's holding is undercut by reference to other offenses enumerated under section 13-604.01(L) involving sexual and physical acts committed against children.
The statutes outlining these offenses use language similar to the kidnapping classification language at issue. State v. Thomason, 162 Ariz. 363, 366, 783 P.2d 809, 812 (App. 1989) ("A statute should be explained in conjunction with other statutes which relate to the same subject or have the same general purpose.") (citing State ex rel. Larson v. Farley, 106 Ariz. 119, 471 P.2d 731 (1970));
see also Goulder v. Arizona Dep't of Transp., Motor Vehicle Div., 177 Ariz. 414, 416, 868 P.2d 997, 999 (App. 1993) (the goal is to achieve consistency between the statutes).
For example, although taking a child for the purpose of prostitution is a class 4 felony, if the child is under the age of fifteen years, the offense is enhanced to "a class 2 felony and is punishable pursuant to 13-604.01." A.R.S. 13-3206 (Supp. 1999).
Under the Majority's reasoning, this offense, like kidnapping, would not constitute a dangerous crime against children if it was committed "incidentally" to an ultimate goal of the perpetrator.
Such an interpretation should be avoided as it is clearly contrary to the legislative purpose of protecting children from such crimes, incidental or otherwise, by punishing offenders severely. A.R.S. 1-211(B) (1995) ("Statutes shall be liberally construed to effect their objects and to promote justice.");
Campbell v. Super. Ct., 105 Ariz. 252, 255, 462 P.2d 801, 804 (1969) ("Statutes should be construed as a whole with the purpose of the statute not being frustrated by a literal application of its terms.").