Whether Arizona's molestation statute -- which presumes that anyone, including parents and foster parents like Petitioner, who bathe or diaper their children, is a child molester and then, through an affirmative defense, shifts the burden to parents to prove that any non-accidental touching lacked sexual motivation -- violates the Due Process Clause of the United States Constitution because it defies the presumption of innocence and absolves the prosecution of its constitutional burden to prove, beyond a reasonable doubt, each substantive element of the offense.

Whether Arizona's molestation statute violates the Due Process Clause