Understanding ARS Sexual Conduct with a Minor: ARS 13-1405
Facing an ARS sexual conduct with a minor charge 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 the sexual conduct with a minor Arizona law. It explains key terms and the sentencing guidelines for this crime. 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 conduct with a minor, consult with a qualified ARS 13-1405 defense lawyer as soon as possible.
What is Sexual Conduct with a Minor?
ARS sexual conduct with a minor is intentionally or knowingly engaging in sexual intercourse or oral sexual contact with another person who is under the age of 18. The severity of this crime increases as the age of the minor decreases. In other words, the younger the victim the worse the crime.
Key Elements of ARS Sexual Conduct with a Minor:
- Intentional or Knowing Act:
- Intentional: “Intentionally” or “with intent to” means that it was the defendant’s objective to cause a result or engage in a specific conduct. In other words, the defendant meant to do it.
- Knowing: “Knowingly” means that the defendant was aware of their actions or the circumstances that make up the offense. It doesn’t require that the defendant knew their conduct was illegal; they just needed to be conscious of what they were doing or the situation they were in.
- Sexual Intercourse or Oral Sexual Contact:
- Sexual intercourse: penetration of the penis, vulva, or anus by any body part or object, or masturbatory contact with the penis or vulva.
- Oral sexual contact: oral contact with the penis, vulva, or anus.
- Age of the Victim: The prosecution must prove that the victim was under the age of 18 at the time the crime was committed.
Sentencing for ARS Sexual Conduct with a Minor:
The penalties for sexual conduct with a minor in Arizona are severe and vary based on the specific charge, your criminal history, and the circumstances of the crime. The following table summarizes the potential consequences for each type of offense:
| Offense | Charge | Prison |
|---|---|---|
| Victim 15 – 17 years old | Class 6 felony | 0.33 – 2 years |
| Victim 15 – 17 + position of trust | Class 2 felony | 3 – 12.5 years |
| Victim 12 years old or younger (DCAC) | Class 2 felony | Life (no less than 35 years) |
| Victim 13 – 14 years old (DCAC) | Class 2 felony | 13 – 27 years |
| Victim 12 or younger with serious physical injury | Class 1 felony | Natural life (no release from prison) |
Aggravating Factors:
- Serious Physical Injury: The intentional or knowing infliction of serious physical injury during the sexual assault. A serious physical injury is any injury that poses a reasonable risk of death. It includes injuries that cause serious and permanent disfigurement, serious impairment of health, or result in the loss or long-term impairment of the function of any body organ or limb.
- Victim Under 15 (DCAC): If the victim is under 15 years old, the charge escalates to a Dangerous Crime Against Children (DCAC).
- Position of Trust: A “position of trust” refers to a family member, school employee or volunteer, coach, instructor, religious leader, romantic partner of family members, blood or marital relative, employer, or group home employee.
Arizona Sex Offender Registry:
Under ARS 13-3821, a conviction for sexual conduct with a minor requires sex offender registration.
Frequently Asked Questions:
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Key Takeaways:
- Definition and Scope: Sexual conduct with a minor is intentionally or knowingly engaging in sexual intercourse or oral sexual contact with someone under the age of 18.
- Elements of the Crime:
- Intentional or Knowing Act: The defendant must have intended or been aware of their actions. They don’t need to know their conduct was illegal, but they must be conscious of what they were doing.
- Sexual Intercourse or Oral Sexual Contact: This includes penetration or masturbatory contact with the penis or vulva, or oral contact with the penis, vulva, or anus.
- Age of the Victim: The victim must be under 18 years old.
- Sentencing:
- Victim 15-17 years old: Class 6 felony, punishable by 0.33 – 2 years in prison.
- Victim 15-17 years old + Position of Trust: Class 2 felony, 3 – 12.5 years in prison.
- Victim 12 years old or younger (DCAC): Class 2 felony, life imprisonment (no less than 35 years).
- Victim 13-14 years old (DCAC): Class 2 felony, 13 – 27 years in prison.
- Victim 12 years old or younger with serious physical injury: Class 1 felony, natural life without parole.
Next Steps:
ARS sexual conduct with a minor 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 conduct with a minor charges, under ARS 13 1405, engaging a skilled Phoenix sexual conduct with a minor attorney is essential to protect your rights and manage the process. Don’t try navigating the legal system alone; get an experienced ARS 13-1405 lawyer on your side right away.