State v. Serna

OPINION

NOYES, Judge.

Appellant molested a fourteen-year-old child in 1989, when the child molestation statute included children under the age of fifteen years. By the time appellant was indicted in 1991, the statute had been amended to include only children under the age of fourteen years. See Ariz.Rev.Stat. Ann. (A.R.S.) § 13-1410.1 Appellant argues on appeal that the court had no jurisdiction to sentence him when the statute no longer included his victim.

Because the amendment changed only the penalty and did not decriminalize the conduct, we affirm.

I

The 1991 indictment charged appellant with…