State v. Samano
In State v. Samano, 198 Ariz. 506, P6, 11 P.3d 1045, P6 (App. 2000), the Court extended that reasoning beyond the context of intoxicated drivers.
The defendant in that case was charged with and convicted of, inter alia, kidnapping a two-year-old child, a dangerous crime against children pursuant to 13-604.01. 198 Ariz. 506, P4, 11 P.3d 1045, P4.
During a burglary and robbery of the child's mother's residence, the defendant had told the mother to hold her child, who had been wandering around the apartment. Id. at P3.
On appeal, the defendant contended that his kidnapping of the child "was purely incidental to the burglary and robbery and was not based on or related to the boy's status as a child." Id. at P5.
The Court once again addressed 13-604.01, finding that, for the section to apply, a defendant must "prey upon or target a child for the commission of a crime at least in part because the child is a child."
The defendant in Samano had ordered a mother to hold her child while the defendant was burglarizing her residence, resulting in the defendant's conviction for kidnapping. Id. at 508, P3, 11 P.3d at 1047.
Finding 13-604.01 to be inapplicable in that case, we emphasized that "the element of preying on a child was conspicuously absent," id. at 510-11, P17, 11 P.3d at 1049-50, and that there was no showing that the defendant had "focused on or targeted a child as a child." Id. at 511, P18, 11 P.3d at 1050