Understanding ARS Sexual Conduct with a Minor: ARS 13-1405
Facing sexual conduct with a minor 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 ARS sexual conduct with a minor, offering detailed explanations of key legal terminology, sentencing frameworks, and the broader implications of these charges.
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 conduct with a minor, let Lawyer Listed match you with your ideal Arizona sex crimes lawyer as soon as possible.
What is Sexual Conduct with a Minor?
Elements of ARS Sexual Conduct with a Minor
Under ARS 13‑1405, sexual conduct with a minor is intentionally or knowingly engaging in sexual intercourse or oral sexual contact with a person under eighteen years of age.
Key Concepts of Sexual Conduct with a Minor
- 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 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.
- 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.
- Serious physical injury means a physical injury that creates a reasonable risk of death, causes serious and lasting disfigurement, seriously impairs health, or results in the loss of, or long‑term impairment to, the normal function of any bodily organ or limb.
- 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 Conduct with a Minor in Arizona
Class 6 and Class 4 sexual conduct with a minor offenses are felonies subject to a seven‑year statute of limitations. This means the prosecution must file charges within 7 years from the date of the alleged conduct. For all other sexual conduct with a minor charges, there is no statute of limitations. This means prosecutors can file charges no matter how many years or even decades have passed since the alleged conduct.
Sentencing for ARS Sexual Conduct with a Minor
The penalties for ARS sexual conduct with a minor are severe and life-altering, 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 for making informed decisions about your defense strategy.
Felony Classification
- Class 1 felony: Victim 12 or younger and suffers serious physical injury.
- Class 2 felony: Victim under 15.
- Class 2 felony: Victim 15 – 17, offender in position of trust.
- Class 4 felony: Victim 15 or older and the offender is older than 21 and more than 5 years older than the victim.
- Class 6 felony: Victim 15 – 17 (baseline offense).
ARS 13-1405 Penalties
The following table provides a comprehensive overview of the potential prison sentences for each classification of sexual conduct with a minor Arizona offense:
| Victim Age | Additional Circumstances | Felony Class | Sentencing |
|---|---|---|---|
| 12 or younger | Victim suffers serious physical injury | Class 1 felony | Natural life |
| 12 or younger | DCAC | Class 2 felony | Life |
| 13 – 14 | DCAC | Class 2 felony | Prison: 13 – 27 years Probation: Not available |
| At least 15 | Offender is or was in a position of trust | Class 2 felony | Prison: 3 – 12.5 years Probation: Not available |
| 15 – 18 | Offender is more than 5 years older and over 21 at the time of offense | Class 4 felony | Prison: 1 – 3.75 years Probation (max): 4 years If probation: minimum 1 year jail |
| 15 – 18 | No additional circumstance | Class 6 felony | Prison: 4 months – 2 years Probation (max): 3 years |
Natural Life
Natural life means you will remain in prison until you die, with absolutely no possibility of commutation, parole, work furlough, work release, or release from confinement for any reason. You will not be eligible for any form of release under a natural life sentence.
Life
Life means you are not eligible for suspension of sentence, probation, pardon, or release from confinement on any basis until serving at least 35 years or until the sentence is commuted. This sentence does not apply to sexual conduct involving only masturbatory contact.
Sex Offender Registration
A conviction for sexual conduct with a minor 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 conduct with a minor under ARS 13-1405 involves intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person under the age of 18.
- Elements of ARS Sexual Conduct with a Minor
- Intentional or knowing act: You must have acted intentionally (meaning you meant to engage in the conduct) or knowingly (meaning you were aware of your actions and the circumstances). You do not need to know your conduct was illegal, but you must have been conscious and aware of what you were doing at the time.
- Sexual intercourse or oral sexual contact: This encompasses penetration of the vulva or anus by any body part or object, direct masturbatory contact with the penis or vulva, or oral contact with the penis, vulva, or anus. The definitions are deliberately broad to cover various forms of sexual conduct.
- Age of the victim: The alleged victim must have been under eighteen years of age when the offense occurred. The exact age is critically important because it determines the felony classification and sentencing range.
- Sentencing:
- Victim 12 years old or younger with serious physical injury: Class 1 felony with natural life imprisonment and no possibility of release.
- Victim 12 years old or younger (DCAC designation): Class 2 felony with life imprisonment and a minimum of 35 years in prison before parole eligibility.
- Victim 13-14 years old (DCAC designation): Class 2 felony with a sentence of 13 to 27 years in prison.
- Victim 15-17 years old when defendant held a position of trust: Class 2 felony with a sentence of 3 to 12.5 years in prison.
- Victim 15 -17 and the offender is over 21 and more than 5 years older than the victim: Class 4 felony with a sentence of 1 to 3.75 years in prison.
- Victim 15-17 years old: Class 6 felony with a sentence of 4 months to 2 years in prison.
- Sex offender registration: A conviction for sexual conduct with a minor requires lifetime sex-offender registration.
Statute of limitations: Only Class 6 and Class 4 sexual conduct with a minor charges have a statute of limitations, which is 7 years. All other sexual conduct with a minor charges do not have a statute of limitations and can be filed at any time
Next Steps:
Arizona sexual conduct with a minor 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 conduct with a minor 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.