Understanding ARS Sexual Abuse: ARS 13-1404
Facing sexual abuse charges in Arizona can be overwhelming. The legal system is complex and often intimidating. Lawyer Listed provides clear information on the specifics of the charge and the potential penalties, helping you navigate each step of the process.
This guide provides an in-depth examination of Arizona sexual abuse laws, offering detailed explanations of key legal terminology, sentencing frameworks, and the broader implications of the charge.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona sex crimes attorney. If you are charged with ARS sexual abuse, let Lawyer Listed match you with your ideal Arizona sex crimes lawyer as soon as possible.
What is Sexual Abuse?
Elements of ARS Sexual Abuse
Under ARS 13‑1404, sexual abuse is intentionally or knowingly engaging in sexual contact with a person 15 or older without consent. Sexual abuse also includes intentional or knowing sexual contact with a minor under 15 if the contact involves only the female breast.
Categories of ARS Sexual Abuse
The sexual abuse ARS statute divides this crime into three primary categories, each with its own specific elements and potential consequences:
Victim 15 Years of Age or Older
This charge involves intentionally or knowingly engaging in sexual contact with a person who is 15 years of age or older without that person’s consent. The absence of consent is the critical factor in these cases.
To convict you of this crime, the prosecution must prove each of the following elements beyond a reasonable doubt:
- You intentionally or knowingly engaged in sexual contact with another person; and
- You engaged in the act without the consent of the other person; and
- You knew the act was without the consent of the other person.
If the prosecution fails to prove any one of these elements, the jury must return a verdict of not guilty.
Victim is 15 – 17 Years Old with a Position of Trust
This charge involves intentionally or knowingly engaging in sexual contact with a person between the ages of 15 and 17 while the accused is in a position of trust with the minor. In these situations, even if the minor appears to consent, the law recognizes that the power dynamic created by the position of trust invalidates that consent.
To convict you of this crime, the prosecution must prove each of the following elements beyond a reasonable doubt:
- You intentionally or knowingly engaged in sexual contact with another person; and
- The other person was fifteen, sixteen, or seventeen years of age; and
- You were or had been in a position of trust.
If the prosecution fails to prove any one of these elements, the jury must return a verdict of not guilty.
Victim Under 15 Years Old
This charge involves intentionally or knowingly engaging in sexual contact that involves only the female breasts of a person under 15 years old. If the sexual contact involves other private parts of a child under 15, the offense falls under a different, more serious category of Arizona sex crimes with substantially harsher penalties.
To convict you of this crime, the prosecution must prove each of the following elements beyond a reasonable doubt:
- You intentionally or knowingly engaged in sexual contact with another person; and
- The other person was under fifteen years of age; and
- The sexual contact involved only the female breast.
If the prosecution fails to prove any one of these elements, the jury must return a verdict of not guilty.
Key Concepts of Sexual Abuse
- Intentionally or with intent to means that there is an objective to cause a result or engage in a specific conduct. In other words, you meant to do it.
- Knowingly means that you are aware of your actions or the circumstances that make up the offense. It doesn’t require that you know your conduct is illegal; you just need to be conscious of what you are doing or the situation you are in.
- Sexual contact means direct or indirect touching, fondling, or manipulating of the genitals, anus, or female breast, using any part of the body or an object, or causing another person to engage in such contact.
- Without consent means any of the following:
- The victim is coerced by the use or threatened use of force against them, another person, or property.
- The victim cannot consent because of a mental disorder, cognitive disability, intoxication, sleep, or any similar condition that impairs judgment, and the defendant knows or reasonably should know of the condition.
- For this purpose, “cognitive disability” means the person cannot understand the sexual nature of the conduct or cannot understand or exercise the right to refuse.
- The victim is intentionally misled about the nature of the act or their marital relationship with the defendant.
- Position of trust refers to a family member, school employee or volunteer, coach, instructor, religious leader, romantic partner of a family member, blood or marital relative, employer, or group home employee.
- Dangerous crime against children (DCAC) is a category of offenses against victims under fifteen that carries enhanced penalties due to victim vulnerability and offense severity.
Statute of Limitations Sexual Abuse in Arizona
Sexual abuse is subject to a seven‑year statute of limitations. This means the prosecution must file charges within 7 years of the alleged conduct.
Sentencing for ARS Sexual Abuse
The penalties for ARS sexual abuse are severe and can have long‑lasting consequences, with sentences varying significantly based on the victim’s age, your prior criminal history, and the circumstances surrounding the crime. Understanding these potential consequences is essential to making informed decisions about your defense strategy.
Felony Classification
- Class 3 felony: Victim under 15 years old (DCAC)
- Class 5 felony: Victim 15 – 17 with a position of trust
- Class 5 felony: Victim 15 years or older
ARS 13-1404 Penalties
The following table provides a comprehensive overview of the potential prison sentences for each classification of sexual abuse Arizona offense:
| Offense | Charge | Prison | Probation (max) |
|---|---|---|---|
| Victim under 15 years old (DCAC) | Class 3 felony | 2.5 – 7.5 years | Not available |
| Victim 15 – 17 with a position of trust | Class 5 felony | 0.5 – 2.5 years | 3 years |
| Victim 15 years or older | Class 5 felony | 0.5 – 2.5 years | 3 years |
Sex Offender Registration
A conviction for sexual abuse of a minor (under the age of 18) requires lifetime sex offender registration under ARS 13‑3821. Offenders must register with the county sheriff within 10 days of conviction or within 72 hours of moving into Arizona, excluding weekends and holidays. Registration information includes personal information, residential and mailing addresses, employment and school details, vehicle data, online identifiers, fingerprints, a photograph, a DNA sample, and an annually renewed Arizona DOT ID card. Ongoing compliance requires annual registration renewal and prompt reporting of any changes or moves between counties.
Frequently Asked Questions (FAQs)
Don’t worry if this seems overwhelming; Lawyer Listed has already done the work for you and is ready to match you with an elite lawyer tailored to your needs and your case.
Key Takeaways:
- Definition: Sexual abuse under Arizona law means intentionally or knowingly engaging in sexual contact with someone who is 15 or older without their consent. It also covers sexual contact with a child under 15 if the contact involves only the female breast.
- Categories of ARS Sexual Abuse:
- Victim 15 or older (without consent): You can be charged with sexual abuse if you intentionally or knowingly have sexual contact with someone who is 15 or older without their consent. To convict you, the State must prove that you acted knowingly, that the other person did not consent, and that you knew they did not consent.
- Victim 15 – 17 with a position of trust: You can be charged with sexual abuse if the other person is 15, 16, or 17 and you are in a position of trust, such as a parent, guardian, teacher, coach, clergy member, or similar role. In these cases, the law treats any sexual contact as non‑consensual, even if the minor appeared to agree.
- Victim under 15 (female breast only): You can be charged with sexual abuse if you intentionally or knowingly have sexual contact with a child under 15 that involves only the female breast. If the contact involves other private parts, the offense falls under more serious Arizona sex crime laws with harsher penalties.
- Sentencing:
- Victim 15 years or older (without consent): Classified as a Class 5 felony with a potential prison sentence ranging from 0.5 to 2.5 years and/or up to 3 years of probation.
- Victim 15 – 17 with a position of trust: Classified as a Class 5 felony with a potential prison sentence ranging from 0.5 to 2.5 years and/or up to 3 years of probation.
- Victim under 15 years old (female breast only): Classified as a Class 3 felony with Dangerous Crime Against Children (DCAC) designation, carrying a mandatory prison sentence ranging from 2.5 to 7.5 years with no possibility of probation.
- Sex offender registration: A conviction for sexual abuse of a minor requires lifetime sex-offender registration. A conviction for sexual abuse involving an adult does not require sex offender registration.
- Statute of limitations: The statute of limitations for sexual abuse is 7 years.
Next Steps:
Arizona sexual abuse charges are serious criminal allegations with consequences that can affect the rest of your life. Outcomes depend on many factors. Lawyer Listed meets you where you are and helps you understand the law and your rights.
If you’re facing ARS sexual abuse 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; match with your ideal lawyer at LawyerListed.com and get an experienced criminal defense attorney on your side right away.