State of Arizona, Appellee v. Jerry Charles Holle, Appellant

Summary

The court held that lack of sexual motivation under A.R.S. § 13-1407(E) is an affirmative defense, not an element of sexual abuse or child molestation. Accordingly, the State need not prove sexual motivation, and the defendant must prove the affirmative defense by a preponderance of the evidence; the trial court therefore properly instructed the jury. The court vacated the court of appeals’ opinion and affirmed Holle’s convictions and sentences. Chief Justice Bales, joined by Justice Brutinel, concurred in the result but would have treated sexual motivation as an implied element to avoid vagueness and due-process concerns.