Understanding Arizona Sex Crimes:
Facing Arizona sex crime charges 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 most common Arizona sex crimes. It explains key terms and sentencing guidelines. It also answers frequently asked questions about these 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 facing Arizona sex crime charges, consult with a qualified Arizona sex crimes attorney as soon as possible.
Key Concepts of Arizona Sex Crimes:
- Intentionally or with intent to means that there was an objective to cause a result or engage in a specific conduct. In other words, you meant to do it.
- 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.
- Reckless means being aware of and willfully disregarding a substantial and unjustifiable risk, which results in harmful consequences.
- Sexual contact means 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.
- Sexual intercourse means penetration of the penis, vulva, or anus by any body part or object, or masturbatory contact with the penis or vulva.
- Oral sexual contact means oral contact with the penis, vulva, or anus.
- 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 the accused.
- Position of trust means a person 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.
- Dangerous crime against children (DCAC) means criminal conduct focused on, directed against, aimed at, or targeting a victim under the age of fifteen.
Child Molestation: ARS 13-1410
Child molest charges under ARS 13-1410 involve intentionally or knowingly having sexual contact with a child under 15 years old. Touching only the female breast falls under sexual abuse laws, not child molestation. This distinction matters because the charges and penalties differ significantly.
Penalties for Child Molestation
Child molestation is a Class 2 felony. Sentencing for this crime falls within the following ranges depending on the victim’s age:
- Victim 15-17 years old: 3 to 12.5 years in prison
- Victim 12-14 years old (DCAC): 13 to 27 years in prison with no parole
- Victim under 12 years old (DCAC): Life in prison with no possibility of parole
All child molestation convictions require sex offender registration under ARS 13-3821. There is no statute of limitations for this crime, meaning charges can be filed at any time.
Frequently Asked Questions (FAQs)
Sexual Abuse: ARS 13-1404
ARS sexual abuse under ARS 13-1404 involves intentionally or knowingly engaging in sexual contact with another person. The specific charges depend on the victim’s age and your relationship with them.
Categories of Sexual Abuse
- Victim 15 or older: Sexual contact without consent
- Victim 15-17 with position of trust: Sexual contact with someone you have authority over
- Victim under 15: Sexual contact limited to female breasts only
Penalties for Sexual Abuse
Sentencing for sexual abuse falls within the following ranges depending on the victim’s age and whether you were in a position of trust:
- Victim 15 or older: Class 5 felony – 6 months to 2.5 years in prison
- Victim 15-17 with position of trust: Class 5 felony – 6 months to 2.5 years in prison
- Victim under 15 (DCAC): Class 3 felony – 2.5 to 7.5 years in prison
Sex offender registration is required for all sexual abuse convictions involving minors.
Frequently Asked Questions (FAQs)
Sexual Conduct with a Minor: ARS 13-1405
ARS sexual conduct with a minor under ARS 13-1405 involves intentionally or knowingly having sexual intercourse or oral sexual contact with someone under 18 years old.
Penalties for Sexual Conduct with a Minor
Sentencing for sexual misconduct with a minor varies depending on the victim’s age, resultant injuries, and whether you were in a position of trust:
- Victim 15-17 years old: Class 6 felony – 4 months to 2 years in prison
- Victim 15-17 with position of trust: Class 2 felony – 3 to 12.5 years in prison
- Victim 13-14 years old (DCAC): Class 2 felony – 13 to 27 years in prison
- Victim 12 or younger (DCAC): Class 2 felony – Life in prison (minimum 35 years)
- Victim 12 or younger with serious injury: Class 1 felony – Natural life without parole
All convictions for ARS sexual conduct with a minor require sex offender registration.
Frequently Asked Questions (FAQs)
Sexual Assault: ARS 13-1406
ARS sexual assault under ARS 13-1406 involves intentionally or knowingly having sexual intercourse or oral sexual contact with someone without their consent. This covers what other states call rape.
Penalties for Sexual Assault
Arizona sex assault is a class 2 felony with sentences that vary depending on the victim’s age and circumstances of the crime:
- Victim 15 or older: 5.25 to 14 years in prison
- Victim 13-14 years old (DCAC): 13 to 27 years in prison
- Victim 12 or younger (DCAC): Life in prison (minimum 35 years)
- With serious physical injury: Life in prison (minimum 25 years)
Using date rape drugs increases sentences by 3 years. All convictions under ARS sexual assault laws require sex offender registration.
Frequently Asked Questions (FAQs)
Sexual Exploitation of a Minor: ARS 13-3553
Child porn charges fall under ARS 13-3553, which covers sexual exploitation of a minor. This law is broad and includes many different actions involving images of minors.
The crime includes creating, copying, sharing, transporting, displaying, receiving, selling, buying, sending, possessing, or exchanging visual depictions of minors in sexual acts. It also covers possessing child-like sex dolls.
Penalties for Sexual Exploitation of a Minor
Sexual exploitation of a minor is a class 2 felony with sentences that vary depending on the victim’s age:
- Non-DCAC (minor 15 or older): 3 to 12.5 years in prison, up to 7 years of probation
- DCAC (minor under 15): 10 to 24 years in prison, no probation available
Each image or video counts as a separate offense. This means sentences can be “stacked” or served consecutively.
Arizona sexual exploitation of a minor convictions require sex offender registration.
Frequently Asked Questions (FAQs)
Indecent Exposure: ARS 13-1402
ARS indecent exposure charges, under ARS 13-1402, involve exposing your genitals, anus, or female areola/nipple in front of another person. You must be reckless about whether this would offend them.
Penalties for Indecent Exposure
Indecent exposure Arizona penalties depend on the victim’s age and your criminal history:
- Victim 15 or older: Class 1 misdemeanor – up to 6 months in jail
- Victim under 15: Class 6 felony – 4 months to 2 years in prison
- Two or more prior indecent exposure convictions: Class 6 felony – 4 months to 2 years in prison
- Two or more prior felony indecent exposure convictions: Class 3 felony – 6 to 15 years in prison
Sex offender registration may be required for third or subsequent indecent exposure offenses.
Frequently Asked Questions (FAQs)
Luring a Minor: ARS 13-3554
Luring a minor Arizona charges, under ARS 13-3554, involve enticing or soliciting a minor to engage in sexual conduct. This often happens online and includes two main types:
- Child Luring: Enticing a minor to engage in sexual conduct
- Aggravated Child Luring: Using harmful visual material to entice sexual conduct by a minor
It’s not a defense that the victim wasn’t actually a minor. The law focuses on your understanding, not the victim’s real age. This means undercover operations with adults posing as minors are legal.
Penalties for Luring a Minor
Sentences for luring a minor vary based on the victim’s age:
- Child Luring (victim 15 or older): Class 3 felony – 2 to 8.75 years in prison
- Child Luring DCAC (victim under 15): Class 3 felony – 5 to 15 years in prison
- Aggravated Child Luring (victim 15 or older): Class 2 felony – 3 to 12.5 years in prison
- Aggravated Child Luring DCAC (victim under 15): Class 2 felony – 10 to 24 years in prison
All luring a minor convictions require sex offender registration.
Frequently Asked Questions (FAQs)
Revenge Porn: ARS 13-1425
Arizona revenge porn, under ARS 13-1425, involves intentionally sharing intimate images of someone without their consent. The goal must be to harm, harass, intimidate, threaten, or coerce the person.
The image must show nudity or sexual activity, the person must be identifiable, and they must have had a reasonable expectation of privacy. Sharing an image with one person doesn’t eliminate privacy rights.
Penalties for Revenge Porn
Sentences for revenge porn vary based on the circumstances of the crime:
- Threatening to share: Class 1 misdemeanor – up to 6 months in jail
- Actually sharing: Class 5 felony – 6 months to 2.5 years in prison
- Sharing electronically: Class 4 felony – 1 to 3.75 years in prison
Judges may require sex offender registration for revenge porn convictions.
Frequently Asked Questions (FAQs)
Prostitution: ARS 13-3211
Arizona prostitution, as defined in ARS 13-3211, means offering, agreeing to, or engaging in sexual conduct for money or anything of value. Arizona prostitution laws apply to both the person offering sex and the person paying for it.
Penalties for Arizona Prostitution
Arizona prostitution laws impose the following sentences:
- First offense: Class 1 misdemeanor – 15 consecutive days in jail
- Second offense: Class 1 misdemeanor – 30 consecutive days in jail
- Third offense: Class 1 misdemeanor – 60 consecutive days in jail
- Fourth or more offenses: Class 5 felony, 180 days in jail or 6 months to 2.5 years in prison
Related crimes include pandering (ARS 13-3209) and child sex trafficking (ARS 13-3212), which carry much harsher penalties.
Frequently Asked Questions (FAQs)
Failure to Register as a Sex Offender: ARS 13-3821
ARS 13-3821 requires people convicted of certain crimes to register as sex offenders. Failure to register as a sex offender Arizona is itself a crime with serious penalties.
If you’re convicted of a qualifying offense, you must register with the Department of Public Safety and local law enforcement. This is usually a lifelong obligation with few exceptions.
Penalties for Failure to Register
ARS sex offender registration violations carry the following penalties:
- Initial registration failure: Class 4 felony – 1 to 3.75 years in prison
- Annual registration failure: Class 6 felony – 4 months to 2 years in prison
Frequently Asked Questions (FAQs)
Next Steps
Arizona sex crimes are serious charges 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 Arizona sex crime charges, engaging a skilled sex crimes attorney 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.