Facing sexual abuse charges in Arizona is overwhelming. The legal system is complex and can be intimidating. Understanding the specifics of the crime and the potential penalties if convicted are important steps in navigating the legal system.
This guide provides a detailed overview of Arizona sexual abuse laws. It explains key terms and the sentencing guidelines for ARS sexual abuse. It also answers frequently asked questions about your charges.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona criminal defense lawyer. If you are charged with ARS sexual abuse, consult with a qualified Phoenix sexual abuse attorney as soon as possible.
What is Sexual Abuse?
ARS sexual abuse can be committed in several ways. The shared element among all sexual abuse charges is intentional or knowing sexual contact with another person. The differences between the charges are based on the victim’s age and the relationship of those involved in the sexual contact.
The sexual abuse ARS statute divides the crime into the following three main categories:
- Victim 15 years or older: Intentionally or knowingly engaging in sexual contact with a person without that person’s consent.
- Victim 15 – 17 and a position of trust: Intentionally or knowingly engaging in sexual contact with a person between the ages of 15 and 17 while in a position of trust.
- Victim under 15 years old: Intentionally or knowingly engaging in sexual contact involving only the female breasts of a person under 15 years old. If the sexual contact involves other private parts, it will fall under a different, more serious offense.
Key Terms of Sexual Abuse:
- Intentionally: the term “intentionally” or “with intent to” means that it was your objective to cause a result or engage in a specific conduct. In other words, you meant to do it.
- Knowingly: the term “knowingly” means that you were aware of your actions or the circumstances that make up the offense. It doesn’t require that you knew your conduct was illegal; you just needed to be conscious of what you were doing or the situation you were in.
- Sexual contact: the term “sexual contact” refers to any direct or indirect touching, fondling, or manipulating of the genitals, anus, or female breast using any part of the body or any object, or causing someone to engage in such contact.
- Without consent: the term “without consent” means the victim is coerced, mentally or physically unable to consent, or deceived about the nature of the act or the relationship with you (i.e. the person charged with crime). The prosecution must prove that you knew the victim had not consented to the sexual contact.
- Position of trust: a person in a “position of trust” refers to someone who is a family member, school-related adult, coach, instructor, religious leader, romantic partner of a family member, blood or marital relative, employer, or group home employee.
Sentencing for ARS Sexual Abuse:
The penalties under the Arizona sexual abuse laws are severe and vary based on the specific charge, your criminal history, and the circumstances of the crime. If the victim is under 15 years old, the charge may escalate to a Dangerous Crime Against Children (DCAC) designation, which carries significantly harsher penalties. The following table summarizes the potential consequences for each type of offense:
| Offense | Charge | Prison | Probation (max) |
|---|---|---|---|
| Victim 15 years or older | Class 5 felony | 0.5 – 2.5 years | 3 years |
| Victim 15 – 17 and a position of trust | Class 5 felony | 0.5 – 2.5 years | 3 years |
| Victim under 15 years old (DCAC) | Class 3 felony | 2.5 – 7.5 years | Not available |
Arizona Sex Offender Registry:
Under ARS 13-3821, a conviction for sexual abuse of a minor under the age of 18 requires sex offender registration.
Frequently Asked Questions:
Key Takeaways:
- Definition and Scope: ARS sexual abuse involves intentionally or knowingly engaging in sexual contact with 1) another person without their consent, 2) a minor (15 – 17 years old) with whom you are in a position of trust, or 3) a minor (under 15 years old) if the sexual contact was limited to the female breasts.
- Elements of the Crime
- Sexual Contact: Sexual contact includes any direct or indirect touching, fondling, or manipulating of the genitals, anus, or female breast using any part of the body or any object.
- Without Consent: The term “without consent” means the victim was forced, unable to consent due to mental or physical issues, deceived about the nature of the act, or tricked into believing you were their spouse.
- Position of Trust: A person in a “position of trust” refers to family members, school employees or volunteers, coaches, instructors, religious leaders, romantic partners of family members, blood or marital relatives, employers, and group home employees.
- Sentencing:
- Victim 15 years or older: Class 5 felony, 0.5 – 2.5 years prison, 3 years probation.
- Victim 15-17 in a position of trust: Class 5 felony, 0.5 – 2.5 years prison, 3 years probation.
- Victim under 15 years old: Class 3 felony, 2.5 – 7.5 years prison, no probation available.
Next Steps:
ARS sexual abuse is a serious crime with serious consequences. The charges and the resulting sentence depend on many factors. You need to understand the law and your rights to effectively get through this difficult situation.
If you’re facing sexual abuse Arizona charges, under ARS 13 1404, engaging a skilled Phoenix sexual abuse lawyer is essential to protect your rights and manage the process. Don’t try navigating the legal system alone; get an experienced criminal defense lawyer on your side right away.