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STATE v. HOLLE

No. CR-15-0348-PR.

379 P.3d 197 (2016)

STATE of Arizona, Appellee, v. Jerry Charles HOLLE, Appellant.

Supreme Court of Arizona.

Filed September 13, 2016.

Attorney(s) appearing for the Case

Mark Brnovich, Arizona Attorney General, John R. Lopez IV, Solicitor General, Joseph T. Maziarz, Section Chief Counsel, Criminal Appeals Section, Diane L. Hunt (argued), Assistant Attorney General, Tucson, Attorneys for State of Arizona

Steven R. Sonenberg, Pima County Public Defender, David J. Euchner, Erin K. Sutherland (argued), Assistant Public Defenders, Tucson, Attorneys for Jerry C. Holle

Mikel Steinfeld (argued), Arizona Attorneys for Criminal Justice, Phoenix, Attorneys for Amicus Curiae Arizona Attorneys for Criminal Justice

VICE CHIEF JUSTICE PELANDER authored the opinion of the Court, in which JUSTICES TIMMER and BOLICK joined, and CHIEF JUSTICE BALES and JUSTICE BRUTINEL dissented in part and concurred in the result.

¶ 1 Under A.R.S. § 13-1407(E), "[i]t is a defense to a prosecution" for sexual abuse or child molestation "that the defendant was not motivated by a sexual interest." We hold that lack of such motivation is an affirmative defense that a defendant must prove, and thus the state need not...

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