OPINION
GEMMILL, Judge.¶ 1 These consolidated special actions require us to evaluate the constitutionality of the requirement under Arizona Revised Statutes (“A.R.S.”) section 8-238 (Supp. 2009) that the seven juvenile petitioners submit a tissue sample for deoxyribonucleic acid (“DNA”) testing as a condition of their release.1 For the reasons that follow, we decide that the taking of DNA samples from five of the juveniles (Mario, Bradley, Alexis, Eric, and Noble) (hereinafter “five juveniles”) is constitutional but that the proposed taking of DNA samples from two of the juveniles (Bailey and Devon) (“two juveniles”) would be unconstitutional in the absence of a judicial finding of probable cause to believe the juvenile committed one of the offenses listed in A.R.S. § 8-238.
¶2 Regarding the five juveniles, Judge Orozco and I agree that the DNA sample may constitutionally be taken, although our reasoning differs to some extent, and Judge Norris dissents from our decision regarding these five juveniles. Regarding the two juveniles, Judge Norris and I agree that application of AR.S. § 8-238 to take DNA samples from these two juveniles would be unconstitutional, although our reasoning differs significantly. Judge Orozco concludes that the operation of applicable statutes and juvenile court rules will, as a practical matter, prevent the taking of DNA samples from these two juveniles in the absence of a judicial finding of probable cause, and she therefore disagrees with our conclusion regarding the two juveniles.
¶ 3 For the reasons that follow in my portion of this opinion, I conclude that DNA samples may constitutionally be taken from the five juveniles primarily because there has been a judicial finding of probable cause to believe that each juvenile has committed one of the enumerated offenses within AR.S. § 8-238. For the two juveniles, there has been no such finding, and I conclude that the constitutional protection against unreasonable searches and seizures precludes the taking of the DNA samples under these circumstances.
¶4 For the reasons stated in Judge Or-ozco’s separate concurrence and dissent, she concludes that the statutorily authorized use of the DNA information for identification is substantively similar to the common use of fingerprints and that A.R.S. § 8-238 is constitutionally applied to all seven juveniles because a finding of probable cause will necessarily be made regarding the two juveniles before they can be detained.
¶ 5 For the reasons stated in Judge Norris’s separate dissent and concurrence, she concludes that under most circumstances the pre-adjudication taking of DNA from juveniles accused of the offenses listed in A.R.S. § 8-238 is unconstitutional even if there has been a judicial finding of probable cause to *211believe that the juvenile has committed one of the listed offenses.
JURISDICTION
¶ 6 Special action jurisdiction is appropriate when there is no “equally plain, speedy, and adequate remedy by appeal.” Ariz. R. Spec. Act. 1(a); State ex rel. Pennartz v. Olcavage, 200 Ariz. 582, 585, ¶ 8, 30 P.3d 649, 652 (App.2001). “Special action jurisdiction is more likely to be accepted in cases involving a matter of first impression, statewide significance, or pure questions of law.” State ex rel. Pennartz, 200 Ariz. at 585, ¶ 8, 30 P.3d at 652. This case involves the interpretation of a statute, A.R.S. § 8-238,2 as a matter of first impression, and presents both a pure question of law and a matter of statewide importance. Accordingly, in our discretion we will exercise our special action jurisdiction in these consolidated matters.
BACKGROUND
¶ 7 Seven juveniles, Mario, Bradley, Aexis, Eric, Noble, Bailey, and Devon, petition for special action relief regarding the necessity of their compliance with the statutory requirement to submit to a DNA sample prior to their release.
¶8 Mario, age fourteen years, was the subject of a juvenile referral alleging that he committed sexual conduct with a minor. A petition for delinquency was subsequently filed, charging him with one count of sexual conduct with a minor, in violation of AR.S. § 13-1405 (2010). At an advisory hearing, the court found that there was probable cause to believe Mario committed the offense with which he was charged. The court ordered that the juvenile submit to DNA testing within five days of the hearing as a condition of his release. Counsel for Mario requested a stay of the order for DNA testing, which the court denied. Mario was released to a family member on the Juvenile Electronic Tracking System (“JETS”), and the court ordered him to have a DPS ankle bracelet and refrain from contact with the victim. The court also ordered that Mario participate in the mental competency process. The court advised Mario that, if he did not provide the DNA sample, the prosecutor could move to revoke his release, and he could be brought back into detention for failing to comply with the statute.
¶ 9 Thirteen-year-old Bradley was also the subject of a juvenile referral for allegedly committing sexual conduct with a minor. The State filed a petition for delinquency and charged Bradley with count one, attempted sexual conduct with a minor under fifteen, in violation of AR.S. § 13-1405, and, count two, assault with intent to injure, insult, or provoke, in violation of AR.S. § 13-1203(A)(3) (2010). At an advisory hearing, the court found that there was probable cause that Bradley committed the charged offenses. The court released Bradley to the care of a family member, and the court ordered that Bradley undergo a mental competency evaluation, refrain from contact with the victim, be released with an ankle bracelet, and submit a DNA sample within five days.
¶ 10 Fifteen-year-old Aexis was the subject of a juvenile referral alleging that he committed burglary in the second degree. The State subsequently filed a delinquency petition charging Aexis with count one, burglary in the second degree, in violation of A.R.S. § 13-1507 (2010), and, count two, possession of burglary tools, in violation of A.R.S. § 13-1505 (2010). At a pretrial conference, the juvenile court noted that the court had neglected to order that Aexis provide a DNA sample within five days following his advisory hearing. Counsel for Aexis requested that the court order a stay regarding the DNA sample because AR.S. § 8-238 was unconstitutional and there had been no finding of probable cause for the taking of the *212DNA. The court recognized that there had been two previous judicial findings of probable cause that Alexis committed the offenses with which he was charged. In denying the stay request, the court concluded that the taking of the DNA sample was “like taking photos of someone ... [or] taking fingerprints of them.” The court released Aexis to a family member and ordered that he attend school daily, undergo urinalysis testing as directed, refrain from contact with the victims, and provide a DNA sample within five days. The court advised Aexis that, if Aexis did not provide the DNA sample, his release conditions could be revoked.
¶ 11 Thirteen-year-old Eric was the subject of a juvenile referral for burglary in the second degree, destruction of evidence, and domestic violence assault. The State subsequently filed a delinquency petition, charging Eric with one count of burglary in the second degree, a class three felony, in violation of A.R.S. § 13-1507 (2010), and one count of domestic violence disorderly conduct, a class 1 misdemeanor, in violation of AR.S. § 13-2904 (2010). At an advisory hearing, the court appointed counsel to represent Eric and found that there was probable cause to believe that Eric committed the charged offenses. The court ordered that Eric undergo mandatory DNA testing, but the court stayed the order pending resolution of the special action in this court. The court further ordered that Erie attend school, have no contact with the victims, and be released on an ankle bracelet with an electronic monitoring device.
¶ 12 Twelve-year-old Noble was the subject of a juvenile referral for child molestation and sexual conduct with a minor. The State filed a delinquency petition charging Noble with two counts of sexual conduct with a minor under fifteen, class 2 felonies, in violation of A.R.S. § 13-1405. At an advisory hearing, the court found Noble to be indigent and ordered that he be appointed counsel. The court also found probable cause to believe Noble committed the charged offenses, and the court ordered that Noble be released to a family member. The court further ordered that Noble attend school, have no contact with the victims, be released on the JETS program with an ankle bracelet, be prohibited from viewing or accessing any materials for the purpose of sexual arousal, sleep in his own bed, refrain from any unsupervised use of the internet or computer, dress and undress alone, be prohibited from playing any video game with a rating higher than E or viewing any movie with a rating higher than PG, and be prohibited from possessing a cellular phone capable of receiving or sending images or accessing the internet. The court initially ordered that Noble submit to a DNA sample within five days of his release, but later stayed the order pending resolution of this special action.
¶ 13 Bailey, age thirteen years, was the subject of a juvenile referral alleging that he committed two counts of child molestation. A petition for delinquency was subsequently filed, charging with him with two counts of molestation of a child, in violation of AR.S. § 13-1410 (2010). The court held an advisory hearing, and counsel for Bailey requested a mental competency evaluation. The court initially ordered that Bailey submit a DNA sample, but then the court stayed that part of the order, pending further order of this court. The court also ordered that Bailey be released to his parents, attend school, participate in a mental competency evaluation program, submit to an ankle bracelet, and participate in the JETS program. The court also prohibited Bailey from having any unsupervised contact with children under twelve years of age, and stated that the court would issue a safety plan detailing specific restrictions that Bailey, Bailey’s probation officer, and one of Bailey’s parents would all have to sign. There is no evidence of a judicial finding of probable cause in the record.
¶ 14 Thirteen-year-old Devon was the subject of a juvenile referral for burglary, theft, and criminal damage. The State subsequently filed a delinquency petition charging Devon with one count of burglary in the second degree, a class three felony, in violation of A.R.S. § 13-1507; one count of criminal damage in an amount of $250 or less, a class 2 misdemeanor, in violation of A.R.S. § 13-1602(A)(l-4), (B)(5) (2010); and two counts of theft, of a value less than $1000, class 1 misdemeanors, in violation of AR.S. *213§ 13-1802 (2010). At an advisory hearing, the court ordered that Devon be appointed counsel to represent him. The court ordered that Devon submit to a DNA sample, and Devon’s counsel requested the order be stayed, which the court denied. The court ordered that Devon be released to a family member, and the court further ordered that Devon attend school and have no contact with the victims. There is no evidence of a judicial finding of probable cause in the record.
¶ 15 In conjunction with their petitions for special action, at least six of the juveniles filed motions to stay execution of order pending disposition of petition for special action. This court stayed the juvenile court orders requiring Mario, Bradley, and Alexis to submit DNA samples. The juvenile court stayed its own orders requiring DNA testing of Eric, Bailey, and Noble.
ANALYSIS
¶ 16 We review the constitutionality of a statute de novo. City of Tucson v. Pima County, 199 Ariz. 509, 515, ¶ 18, 19 P.3d 650, 656 (App.2001). We presume statutes to be constitutional, unless shown otherwise, and “[w]e will not declare an act of the legislature unconstitutional unless we are satisfied beyond a reasonable doubt that the act is in conflict with the federal or state constitutions.” Chevron Chem. Co. v. Superior Court, 131 Ariz. 431, 438, 641 P.2d 1275,1282 (1982). When doubts exist as to a statute’s viability, we attempt to construe the statute with “a reasonable and constitutional meaning.” LaFaro v. Cahill, 203 Ariz. 482, 488, ¶ 21, 56 P.3d 56, 62 (App.2002) (quoting McGovern v. McGovern, 201 Ariz. 172, 178, ¶ 20, 33 P.3d 506, 512 (App.2001)).
Fourth Amendment Concerns: Unreasonable Search and Privacy
¶ 17 The juveniles contend that A.R.S. § 8-238 violates federal and Arizona constitutional protections against unreasonable searches and right to privacy. In response, the State argues that the juveniles have a diminished expectation of privacy because of their status as persons arrested for serious delinquent offenses and because arrested persons’s liberties may be appropriately restricted. In addition, the State asserts that requiring a juvenile charged with certain offenses to submit to a pre-adjudication DNA sample does not constitute an unreasonable search because it furthers a legitimate governmental purpose and does not violate the juvenile’s right to privacy. Although the State argues that a finding of probable cause is not necessary to uphold the constitutionality of the statute, the State also notes that for the five juveniles, there was a judicial finding of probable cause to believe that each committed one of the offenses listed in A.R.S. § 8-238.
¶ 18 Using a buccal swab to procure a DNA sample, like blood drawn for the same purpose, constitutes a search under the Fourth Amendment. Maricopa County Juvenile Action Nos. JV-512600 and JV-512797, 187 Ariz. 419, 423, 930 P.2d 496, 500 (App.1997) (recognizing that “a compelled intrusion[ ] into the body for blood” is deemed a Fourth Amendment search (quoting Schmerber v. State of California, 384 U.S. 757, 767-68, 86 S.Ct. 1826, 16 L.Ed.2d 908 (1966))); see also State v. Garcia-Salgado, 170 Wash.2d 176, 240 P.3d 153, 157 (2010) (finding that a cheek swab, taken for the purposes of collecting DNA, constitutes a search under the Fourth Amendment). In general, a search is considered unreasonable unless it is accompanied by a judicial warrant issued following a finding of probable cause. JV-512600 and JV-512797, 187 Ariz. at 423, 930 P.2d at 500.
¶ 19 The totality of the circumstances test is used to balance the juveniles’s individual rights against the State’s interest in conducting the DNA search. See United States v. Mitchell, 652 F.3d 387, 390, 399, 403-04 (3d Cir.2011) (applying the totality of the circumstances test to balance the government’s rights to conduct a DNA search of an arrestee and pretrial detainee under the federal DNA Act, 42 U.S.C. § 14135a(a) (2006)); United States v. Conley, 453 F.3d 674, 680 (6th Cir.2006) (utilizing a totality of circumstances analysis and finding the taking of a DNA sample from a convicted felon to be *214constitutional due to the convicted felon’s “sharply reduced expectation of privacy, and the minimal intrusion required in taking a blood sample for DNA analysis for identification purposes only”); see also Samson v. California, 547 U.S. 843, 846, 848, 126 S.Ct. 2193, 165 L.Ed.2d 250 (2006) (applying the totality of circumstances test and finding a state law that required parolees to agree to be subject to a search or seizure by a parole officer at any time, with or without cause, to be constitutional); U.S. v. Knights, 534 U.S. 112, 118, 122 S.Ct. 587, 151 L.Ed.2d 497 (2001) (finding a warrantless search of a probationer’s apartment to be constitutional under the Fourth Amendment after examining the totality of circumstances). My colleagues on this panel agree that the totality of the circumstances test is applicable.
¶20 We analyze various factors to evaluate the balance of the juveniles’s rights against the governmental interest in this case. Such factors include: whether there was a judicial finding of probable cause that the juvenile committed the charged offense, the level of intrusion in relation to other preadjudicative procedures, the degree and nature of physical intrusion required by the test, statutes restricting use of test results, and any evidence in the record regarding improper uses of the results.
¶ 21 DNA samples may be constitutionally taken from defendants who have been convicted of serious offenses because convicted felons have reduced rights of privacy and states have substantial interests in protecting the public by acquiring DNA samples to deter future offenses and solve pending investigations. See, e.g., In re Leopoldo L., 209 Ariz. 249, 254-55, ¶¶ 21-22, 25, 99 P.3d 578, 583-84 (App.2004) (upholding the taking of DNA samples from adjudicated juveniles and concluding that DNA testing assists in identifying persons who have committed or may commit crimes and in deterrence); Polston v. State, 360 Ark. 317, 201 S.W.3d 406, 408, 411-414 (2005) (upholding constitutional challenge to state’s DNA Act, which permitted taking DNA samples from persons convicted of felonies because state’s interest in crime prevention and resolution outweighed defendant’s reduced expectation of privacy); State v. Hutchinson, 969 A.2d 923, 928-932 (Me.2009), cert. denied,-U.S. -, 130 S.Ct. 510, 175 L.Ed.2d 362 (2009) (upholding constitutionality of state law requiring convicted felons to provide DNA samples based on reduced expectation of privacy, minimal intrusion of buccal swab procedure, statutory safeguards against misuse of DNA information, and state’s interest in solving existing crimes, deterring recidivism, and absolving innocent persons); State v. Sanders, 343 Or. 35, 163 P.3d 607, 612 (2007) (looking to federal appellate law and concluding that state law requiring convicted felons to submit a blood or buccal swab sample for DNA testing was reasonable under the totality of the circumstances and constitutional under the Fourth Amendment).
¶ 22 A judicial finding of probable cause serves as a “watershed event” that distinguishes such a defendant from the general public and permits application of the totality of circumstances exception to the warrant requirement of the Fourth Amendment. In this regard, I agree with the reasoning of the United States Magistrate Judge in United States v. Pool, 645 F.Supp.2d 903 (E.D.Cal.2009):3
The judicial or grand jury finding of probable cause within a criminal proceeding is a watershed event which should be viewed differently from mere pre-judicial involvement gathering of evidence. After such a judicial finding, a defendant’s liberty may be greatly restricted-even denied. As part of his pre-trial release, defendant may be deprived of his very liberty; he can be subject to electronic monitoring; he may be ordered to obey a mandatory curfew. Also, the court can order a defendant to refrain from traveling outside of the East*215ern District of California without prior approval, not to possess a firearm and that he must reside at a location that is reviewed and approved by the Pretrial Services Officer. In a pornography ease he can be directed to not have any communications with a minor without the child’s parent or guardian being present, cannot be found within 100 feet of a schoolyard, park, playground or other place frequented by children, cannot access the internet or possess a computer at his residence without prior approval. These conditions are almost identical to those conditions which can be imposed on a probationer or parolee for whom a DNA testing requirement has been found appropriate under a totality of the circumstances standard. The court finds that an up-front requirement for finding probable cause that the defendant has committed the charged felony places the issue much more closely with those cases utilizing a totality of the circumstances standard.
Id. at 909 (footnotes omitted), vacated upon guilty plea, United States v. Pool, No. 09-10303, 2011 WL 4359899 at *1.
¶ 23 For the five juveniles, there has been a judicial finding of probable cause, either during an advisory hearing or at a pretrial conference, that they had committed the charged offenses. Additionally, numerous routine restrictions are placed on the juveniles at the time of them release from detention. See supra ¶¶8-14. “The court may release [a] juvenile and set such terms and conditions of release as deemed appropriate.” Ariz. R.P. Juv. Ct. 23(E). For example, as a condition of their release, five of the juveniles were required to submit to an ankle bracelet with GPS monitoring through the JETS program. These restrictions, and especially the findings of probable cause, distinguish the five juveniles from the general public. Under the totality of the circumstances, the taking of DNA samples from these juveniles is constitutionally justified.
¶ 24 This conclusion is supported by the five juveniles’s reduced expectation of privacy and the State’s enhanced interest in crime prevention and deterrence, based on the judicial finding of probable cause to believe that each juvenile has committed at least one of the offenses listed in A.R.S. § 8-238. See Pool, 645 F.Supp.2d at 909-11. Also, the buccal swab procedure specified in § 8-238 constitutes a minimal physical intrusion. See State v. O’Hagen, 189 N.J. 140, 914 A2d 267, 280 (2007) (“[T]he taking of a buccal cheek swab is a very minor physical intrusion upon the person____[It] is no more intrusive than the fingerprint procedure and the taking of one’s photograph that a person must already undergo as part of the normal arrest process.”).
¶ 25 Juveniles contend that DNA can disclose their entire genetic code, which could reveal such information as paternity or familial relationship, medical conditions, and other private information. Arizona law, however, strictly limits the use of the DNA information to the following:
1. For law enforcement identification purposes.
2. In a proceeding in a criminal prosecution or juvenile adjudication.
3. In a proceeding under title 36, chapter 37 [relating to sexually violent persons].
AR.S. § 13-610(1). Because the use of the DNA information is limited by statute and because there is no evidence in this record to show that their DNA samples will be misused, I do not find the juveniles’s concerns about possible misuse to be persuasive. We have no evidence before us demonstrating that any DNA samples taken in the past have been used in any way contrary to the applicable statutory limitations.
¶ 26 Juveniles also contend that DNA samples are stored for future testing and therefore samples have “a continuing role which can be utilized in ways the juvenile can never control.” Although samples may be stored for future use, statutory provisions permit the expungement of the DNA sample if the juvenile is later found to be acquitted of the charged crimes. A.R.S. § 13-610(M).4 The juveniles further argue *216that neither the statute nor Rule 23(G) of the Arizona Rules of Procedure for the Juvenile Court “requires a warrant or any other showing of individualized suspicion to support the order that the minor succumb to this compelled search and seizure.” See Ariz. R.P. Juv. Crt. 23(G) (permitting the juvenile probation officer or prosecution to “file a written request with the court to revoke the juvenile’s release if there is probable cause to believe a DNA sample was not provided in accordance with A.R.S. § 8-238). A judicial finding of probable cause that the juvenile committed the crime for which he or she is charged, however, is sufficient to constitutionally support the taking of a DNA sample. The “Fourth Amendment does not require an additional finding of individualized suspicion” for the taking of a DNA sample. Jones v. Murray, 962 F.2d 302, 306-07 (4th Cir.1992).
¶ 27 The juveniles also argue that the DNA testing violates their right to privacy guaranteed under the Fourth and Fourteenth Amendments to the U.S. Constitution and Article 2, Section 8, of the Arizona Constitution. We have previously found that “[although the physical intrusion involved in drawing blood infringes upon an individual’s expectation of privacy, the intrusion is reasonable in light of the need to ensure public safety.” JV-512600 and JV-512797, 187 Ariz. at 423, 930 P.2d at 500 (upholding the constitutionality of A.R.S. §§ 13-4438 and 31-281, which compelled the taking of DNA samples of juveniles adjudicated delinquent of a sexual offense).5 Before a pre-adjudicated juvenile is released into the general public, the government has a strong interest in determining whether the juvenile has a past criminal history. The DNA samples of arrestees aids the government in solving past unsolved crimes. See Mitchell, 652 F.3d at 414-15 (“Collecting DNA samples from arrestees can speed both the investigation of the crime of arrest and the solution of any past crime for which there is a match.”). DNA samples may be taken of adjudicated juveniles, and the collection of DNA samples from pre-adjudieated juveniles expands the database of available DNA, by which more crimes may be solved. See A.R.S. § 13-610(E) (“Within thirty days after a juvenile is committed to the department of juvenile corrections, the department of juvenile corrections shall secure a sufficient sample of blood or other bodily substances for deoxyribonucleic acid testing and extraction from the youth if the youth was adjudicated delinquent for an offense listed in this section and was committed to a secure care facility.”); see also JV-512600 and JV-512797, 187 Ariz. at 421, 930 P.2d at 498. This is especially true for juveniles accused of offenses listed in A.R.S. § 8-238, because sex offenses may be difficult to solve without matched DNA evidence. See id. at 424, 930 P.2d at 501 (“The public’s interest in effective law enforcement, crime prevention, and the identification and apprehension of those who commit sex offenses rightfully outweighs the intrusion on the delinquent juvenile’s privacy.”). Furthermore, there will often be a time period, even if short, between the release of the juvenile and the juvenile’s trial. The government has a substantial interest in solving any new crimes that may be committed, both during this time period and, if the juvenile is convicted, in the future. The taking of DNA samples may also deter juveniles from committing crimes while on pretrial release as well as after adjudication and any applicable detention. Cf. United States v. Sczubelek, 402 F.3d 175 (3d Cir.2005) (concluding that the taking of a DNA sample of a convicted felon on supervised release, under the federal DNA Act, was not unreasonable under the Fourth Amendment, in part because “individuals on supervised release are associated with higher recidivism rates [and the] collec*217tion of identifying information will indirectly promote the rehabilitation of criminal offenders by deterring them from committing crimes in the future”) (citations omitted).
¶ 28 Additionally, there exists a legitimate governmental interest in obtaining identification from arrested persons. See Jones, 962 F.2d at 306 (“[W]hen a suspect is arrested upon probable cause, his identification becomes a matter of legitimate state interest and he can hardly claim privacy in it.”). Although the juveniles allege that such identification can be achieved through fingerprints, DNA is a more precise method of identification than fingerprinting. See Sczubelek, 402 F.3d at 185-86 (“The governmental justification for [DNA testing] ... relies on no argument different in kind from that traditionally advanced for taking fingerprints and photographs, but with additional force because of the potentially greater precision of DNA sampling and matching methods”).
¶ 29 In a recent challenge to the federal DNA Act, the Third Circuit Court of Appeals found that, under the Act, DNA collection was reasonable and did not violate the Fourth Amendment because “arrestees have a diminished expectation of privacy in their identities.” Mitchell, 652 F.3d at 390; see 42 U.S.C. § 14135(a)(1)(A) (permitting the taking of DNA samples from “individuals who are arrested, facing charges, or convicted.”). The court found DNA profiling was akin to fingerprinting and a more precise method of identifying arrestees. Mitchell, 652 F.3d at 413. The court concluded that:
[i]n light of [a] probable cause finding, arrestees possess a diminished expectation of privacy in their own identity, which has traditionally justified taking their fingerprints and photographs. Likewise, because DNA profiles developed pursuant to the DNA Act function as “genetic fingerprints” used only for identification purposes, arrestees and pretrial detainees have reduced privacy interests in the information derived from a DNA sample.
Id. at 412.
¶ 30 In sum, the finding of probable cause to believe that a juvenile has committed one of the offenses included in § 8-238 is a significant event that separates the juvenile from the general population and results in a reduced expectation of privacy. Because there has been a judicial finding of probable cause for these five juveniles, the government’s interest in identifying these juveniles outweighs their right to privacy. The taking via buccal swab of tissue samples for DNA testing from the five juveniles is neither an unreasonable search under the Fourth Amendment nor a violation of the juveniles’s right to privacy.
Equal Protection
¶ 31 The federal and state constitutions provide for equal protection for those who are similarly situated. See U.S. Const, amend. XIV; Ariz. Const. art. 2, § 13; see also Martin v. Reinstein, 195 Ariz. 293, 309, ¶ 49, 987 P.2d 779, 795 (App.1999). The juveniles argue that A.R.S. § 8-238 violates their right to equal protection under the state and federal constitutions because it includes juveniles accused of second-degree burglary, which involves no violence to a person, but excludes other serious felonies, such as kidnapping, arson of an occupied dwelling, and aggravated robbery.
¶ 32 The State argues that § 8-238 promotes two State interests. First, the DNA samples provide the State with necessary information to help identify juveniles arrested for certain crimes. Second, the statute allows the samples to be used for identification in other, unrelated, criminal proceedings.
¶ 33 We apply the rational basis test because § 8-238 does not affect a suspect class. State v. Schaffer, 202 Ariz. 592, 597, ¶ 23, 48 P.3d 1202, 1207 (App.2002) (examining a statute under the rational basis test because “persons with prostheses” did not fall into a suspect class). Legislation that imposes burdens on one class but not another will be upheld under the rational basis test if the classification is rationally related to a legitimate state interest. Id. at ¶ 24. We also determine whether the statute treats similarly situated persons equally. Martin, 195 Ariz. at 309-10, ¶¶ 50, 53, 987 P.2d at 795-96. “We will not substitute our judgment for that of the legislature as to where precisely appropriate lines should be drawn *218to determine who should be subject to the [statute].” Id. at 312, ¶ 61, 987 P.2d at 798.
¶ 34 In Martin, this court rejected an argument that the Sexually Violent Persons Act was too narrowly drawn because it did not apply to all sexually violent persons. Id. at 312, ¶¶ 59, 61, 987 P.2d at 798. The Act permitted the state to confine persons found guilty of violent sexual acts, or persons charged with committing such crimes but found incompetent to stand trial, only if the person suffered from a mental disorder that made them more likely to engage in sexual acts. Id. at 299, ¶ 2, 987 P.2d at 785. Petitioners argued that the statute did not cover persons serving long terms in prison, those already released from prison, or those persons whom the state chose not to prosecute. Id. at 312, ¶ 59, 987 P.2d at 798. Citing Minnesota ex rel. Pearson v. Probate Court, 309 U.S. 270, 274-75, 60 S.Ct. 523, 84 L.Ed. 744 (1940), this court noted that such an “all or nothing” argument had been rejected by the U.S. Supreme Court. Id. at ¶¶ 60-61; see also City of Tucson v. Wolfe, 185 Ariz. 563, 565, 917 P.2d 706, 708 (App.1995) (“The relevant inquiry ... is not whether the statute is drawn as precisely as it might have been, but whether the line chosen by the [legislative body] is within constitutional limitations.” (quoting Michael M. v. Superior Court of Sonoma County, 450 U.S. 464, 465, 101 S.Ct. 1200, 67 L.Ed.2d 437 (1981))). This court concluded that merely because “the Act does not extend to every person who might be [a sexually violent person] does not remove every rational basis for its existence.” Martin, 195 Ariz. at 312, ¶ 61, 987 P.2d at 798.
¶ 35 “A person commits burglary in the second degree by entering or remaining unlawfully in or on a residential structure with the intent to commit any theft or any felony therein.” A.R.S. § 13-1507. There is a rational basis for the inclusion of second degree burglary in the crimes listed due to the physical nature of the crime.
¶36 For example, a DNA sample could assist law enforcement in identifying repeat burglars who have left physical evidence at a crime scene. Further, along with the sexual misconduct violations included within A.R.S. § 8-238, the legislature may have been concerned with the risk of harm to individuals residing in a residential structure during the time of a burglary. As the State points out, in cases of rape or homicide inside a residence, a burglary of the residence also occurs. The legislature has included certain offenses for which A.R.S. § 8-238 applies. I conclude that the legislature had a rational basis for the inclusion of second degree burglary, and therefore I do not find a violation of equal protection.
CONCLUSION
¶37 For these reasons, I conclude that A.R.S. § 8-238 may be constitutionally applied to the five juveniles for whom there is a judicial finding of probable cause that the juvenile has committed one of the offenses listed in § 8-238. I do not find the taking of DNA samples from these five juveniles to be an unreasonable search, a violation of privacy, or a violation of equal protection. Because Judge Orozco agrees with this result, our panel on a two to one vote denies the requested relief for the five juveniles (Mario, Bradley, Alexis, Eric, and Noble) and hereby dissolves any applicable stays preventing the taking of the DNA samples from these five juvenile petitioners.
¶ 38 For the two juveniles, Bailey and Devon, who have been arrested or accused but for whom there has been no judicial finding of probable cause to believe that the juveniles have committed the offenses for which they are charged, evaluating the totality of the circumstances leads me to the opposite result. Without the watershed event of a judicial finding of probable cause, I conclude that application of A.R.S. § 8-238 to take DNA samples from these two juveniles would be unconstitutional. Because Judge Norris agrees with this result, our panel on a two to one vote grants the requested relief to Bailey and Devon and hereby sets aside the orders requiring Bailey and Devon to submit to the taking of DNA samples under A.R.S. § 8-238.6
. Section 8-238 provides:
A. If a juvenile is arrested for a violation of any of the following offenses and is summoned to appear at an advisory hearing, the judicial officer shall order the juvenile to report within five days to the law enforcement agency that arrested the juvenile or to the agency's desig-nee and submit a sufficient sample of buccal cells or other bodily substances for deoxyribo-nucleic acid testing and extraction:
1. An offense listed in title 13, chapter 11.
2. A violation of § 13-1402, 13-1403, 13-1404, 13-1405, 13-1406, 13-1410, 13-1411 or 13-1417.
3. A violation of § 13-1507 or 13-1508.
4. A violation of any serious offense as defined in § 13-706 that is a dangerous offense as defined in § 13-105.
B. If a juvenile does not comply with an order issued pursuant to subsection A of this section, the court shall revoke the juvenile’s release.
. Our analysis necessarily focuses on the version of A.R.S. § 8-238 in effect at the time of the alleged offenses. We note, however, that the statute was recently amended. See S.B. 1367, 50th Leg., 1st Reg. Sess. (Ariz. 2011). The amendment, which became effective in July 2011, (1) expanded the DNA sample requirement of § 8-23 8(A) to apply to juveniles who have been charged with, rather than arrested for, certain offenses; (2) mandated that the investigating law enforcement agency, or its designee, transmit the DNA sample to the Arizona Department of Public Safety ("DPS”); and (3) designated that the use, maintenance, and expungement provisions of A.R.S. § 13-610 (2010) apply to all DNA samples taken pursuant to § 8-238. Id.
. After a de novo review, the United States District Judge adopted the magistrate judge’s reasoning regarding the taking of defendant Pool’s DNA sample as a condition of his pretrial release. U.S. v. Pool, S-09-0015, 2009 WL 2152029 at *1 (E.D.Cal. July 15, 2009). Both the magistrate judge’s order and the district judge’s order were vacated following a guilty plea by Pool in September 2011. United States v. Pool, No. 09-10303, 2011 WL 4359899 at *1 (9th Cir. September 19, 2011).
. Pursuant to A.R.S. § 13-610(M):
A person ... may petition the superior court in the county in which the arrest occurred or the *216criminal charge was filed to order that the person’s deoxyribonucleic acid profile and sample be expunged from the Arizona deoxyri-bonucleic acid identification system ... if any of the following applies: 1. The criminal charges are not filed within the applicable period prescribed by § 13-107. 2. The criminal charges are dismissed. 3. The person is acquitted at trial.
. The statutes upheld in JV-512600 and JV-512797, A.R.S. §§ 13-4438 and 31-281, have since been renumbered and repealed, respectively. A.R.S. § 13-4438 was renumbered as A.R.S. § 13-610, Ariz. Sess. Laws, Ch. 226, § 2 (2d Reg. Sess. 2002), and A.R.S. § 31-281 was repealed in 2002. Ariz. Sess. Laws, Ch. 107, § 3 (2d Reg. Sess. 2002).
. If in due course a judicial finding of probable cause to believe that Bailey or Devon committed *219one of the § 8-238 offenses is made, then each juvenile for whom such a finding has been made will be in a position analogous to the five juveniles herein.