Understanding ARS Sexual Assault: ARS 13-1406
Facing sexual assault 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 assault 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 sexual assault under ARS 13-1406, let Lawyer Listed match you with your ideal Arizona sex crimes lawyer as soon as possible.
What is Sexual Assault?
Under ARS 13‑1406, sexual assault is defined as intentionally or knowingly engaging in sexual intercourse or oral sexual contact with another person without that person’s consent. The statute is written broadly and includes both violent sexual attacks, which are often associated with the terms “sexual assault” or “rape,” and other situations where consent is absent. For example, Arizona’s sexual assault law also applies to cases of date rape in which a victim is given drugs without their knowledge in order to impair their ability to consent to sexual activity.
Elements of ARS Sex Assault
To convict someone of sexual assault under ARS 13 1406, the prosecution must prove three elements beyond a reasonable doubt:
Intentional or Knowing Act
The prosecution must show that you acted either intentionally or knowingly when engaging in sexual intercourse or oral sexual contact. Here’s what these legal terms mean in plain language:
- Intentional: Acting “intentionally” or “with intent to” means that your objective was to cause a specific result or engage in specific conduct. In simpler terms, you meant to do what you did. For purposes of sex assault, it means that you purposefully engaged in the sexual act.
- Knowing: Acting “knowingly” means you were aware of your actions or the circumstances surrounding what happened. You don’t need to know that what you were doing was illegal, you just need to be aware of your conduct or the situation you were in. For purposes of sex assault, it means that you were aware that you were engaging in the sex act.
Sexual Intercourse or Oral Sexual Contact
The prosecution must prove that you engaged in sexual intercourse or oral sexual contact with another person. The law defines these sex acts specifically, and understanding these definitions is important for your case:
- Sexual intercourse means any penetration of the vulva, penis, or anus by any part of the body or by any object, or any masturbatory contact with the penis or vulva.
- Oral sexual contact means oral contact with the penis, vulva, or anus.
Without Consent
Under ARS 13-1406, “without consent” has a specific legal meaning. A person cannot consent to sexual activity if they are coerced (forced through threats or pressure), if they are mentally or physically unable to consent (due to intoxication, unconsciousness, or disability), or if they are deceived about the nature of the sexual act or the relationship with the defendant.
For an ARS sexual assault conviction, the prosecution must prove that you knew the other person had not consented to the sexual contact.
Consent under Arizona Sexual Assault Laws
Many people facing ARS sex assault charges believed they had consent, but the law’s definition is more complex than simply whether someone said “yes” or “no.” It is important to understand the legal definition as it could be the deciding factor between a guilty and a not guilty verdict.
You do not have someone’s consent to engage in sexual activity if any of the following situations apply:
- Coercion: You used threats, intimidation, or psychological pressure to make the person engage in sexual activity against their will.
- Physical Force: You used physical force or violence to make the person engage in sexual activity.
- Physical Incapacity: The person was physically unable to consent because they were unconscious, asleep, or physically helpless at the time of sexual contact.
- Mental Incapacity: The person was mentally unable to understand the nature of the sexual act due to intoxication from drugs or alcohol, intellectual disability, mental illness, or other conditions that prevented them from making an informed decision.
- Deception: You deceived the person about the nature of the sexual act or about your relationship with them (such as pretending to be their spouse).
Statute of Limitations for Sexual Assault in Arizona
Unlike many other criminal offenses that must be prosecuted within a specific timeframe, there is no statute of limitations for Arizona sexual assault cases. This means prosecutors can file ARS sexual assault charges regardless of how many years or even decades have passed since the alleged incident occurred.
Sentencing for ARS Sexual Assault
The penalties for ARS sexual assault 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
All forms of sexual assault under ARS 13‑1406 are classified as Class 2 felonies. The specific sentence imposed depends on the circumstances of the case, including factors such as the age of the victim and whether the offense resulted in serious physical injury.
Aggravating Factors
The following aggravating factors will make sexual assault charges more serious and dramatically increase the prison sentence you face if convicted.
Serious Physical Injury
If you intentionally or knowingly cause serious physical injury to the victim during a sexual assault, the penalties increase significantly. Under Arizona law, a “serious physical injury” is defined as an injury that creates a reasonable risk of death, causes serious and permanent disfigurement, results in serious impairment of health, or leads to the loss or long‑term impairment of the function of any body organ or limb.
Victim Under 15 Years Old (DCAC)
If the victim is under 15 years old, a sexual assault charge is automatically classified as a Dangerous Crime Against Children (DCAC). DCAC charges carry significantly harsher mandatory minimum sentences than standard sexual assault charges.
Use of Date Rape Drugs
If certain drugs are used without the victim’s knowledge to facilitate a sexual assault, the sentence is increased by an additional three years. Under ARS 13‑1406, this enhancement applies specifically to flunitrazepam (Rohypnol), gamma hydroxy butyrate (GHB), and ketamine hydrochloride.
The enhancement applies to the minimum, presumptive, and maximum prison terms. To impose it, the prosecution must prove both that you administered one of these drugs without the victim’s knowledge and that the drug was used to impair the victim’s ability to consent to sexual activity.
ARS 13-1404 Penalties
The following table provides a comprehensive overview of the potential prison sentences for each classification of sexual assault in Arizona:
| Offense | Charge | Prison | Probation |
|---|---|---|---|
| Victim 15 years or older | Class 2 felony | 5.25 – 14 years | Not available |
| Victim 13 – 14 years old (DCAC) | Class 2 felony | 13 – 27 years | Not available |
| Victim 12 years old or younger (DCAC) | Class 2 felony | Life (no less than 35 years) | Not available |
| Sex assault with serious physical injury | Class 2 felony | Life (no less than 25 years) | Not available |
Violent Sexual Assault
Violent sexual assault in Arizona is punishable by life in prison with no possibility of release for the remainder of your natural life.
To be convicted of violent sexual assault, two elements must be present during the commission of sexual abuse, sexual conduct with a minor, sexual assault, or child molestation:
- The offense involved the use, discharge, or threatened use of a deadly weapon or dangerous instrument, or the intentional or knowing infliction of serious physical injury, and
- A prior felony conviction for a sexual offense in Arizona or an equivalent offense in another state.
Sex Offender Registration
A conviction for sexual assault 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 and Scope:
- Definition: Under ARS 13-1406, sexual assault in Arizona is defined as intentionally or knowingly engaging in sexual intercourse or oral sexual contact with another person without their consent.
- Scope: Arizona sexual assault laws are broad and cover many different situations. They include violent sexual attacks that most people associate with rape. They also cover situations like date rape, where the victim was given drugs without their knowledge to impair their ability to consent. You can be charged with sexual assault even without using physical force, as long as the prosecution can prove the other person did not consent.
- Elements of ARS Sexual Assault:
- Intentional or Knowing Act: The prosecution must prove you acted either intentionally or knowingly when engaging in the sexual contact. You must have meant to engage in sexual activity or been conscious and aware of what you were doing.
- Sexual Intercourse or Oral Sexual Contact: The law specifically defines sexual intercourse as 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: The term “without consent” under Arizona sex crimes laws means the victim was physically forced, unable to consent due to mental or physical incapacity, deceived about the nature of the sexual act, or coerced through threats or pressure. The prosecution must prove you knew the person had not consented.
- Aggravating Factors:
- Using date rape drugs (flunitrazepam, GHB, or ketamine hydrochloride) without the victim’s knowledge adds three years to your sentence.
- Causing serious physical injury during the assault can result in a life sentence.
- If the victim is under 15, the charge is a Dangerous Crime Against Children with much longer mandatory minimum sentences.
- Sentencing:
- Victim 15 years or older: Classified as a Class 2 felony with a prison sentence ranging from 5.25 to 14 years.
- Victim 13 – 14 years old (DCAC): Classified as a Class 2 felony designated as a Dangerous Crime Against Children, with a prison sentence ranging from 13 to 27 years. No early release or probation is available.
- Victim 12 years old or younger (DCAC): Classified as a Class 2 felony designated as a Dangerous Crime Against Children, with a sentence of life in prison (with no possibility of release for at least 35 years).
- Sex assault with serious physical injury: Classified as a Class 2 felony with a sentence of life in prison (with no possibility of release for at least 25 years).
- Sex offender registration: A conviction for sexual assault requires lifetime sex offender registration.
- Statute of limitations: There is no statute of limitations for sexual assault, meaning charges can be filed at any time.
Next Steps:
Arizona sexual assault 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 assault 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.