In Arizona, ARS 13-1405 makes it illegal for a person 18 years of age or older to intentionally or knowingly engage in sexual intercourse or oral sexual contact with someone less than 18 years old—even if the minor consents. This is known as sexual conduct with a minor, commonly referred to as “statutory rape.”
If you are facing a charge under Arizona’s statute that prohibits knowingly engaging in sexual conduct with a minor then you may be wondering what it means and the penalties the state might seek to impose on you.
AZ Defenders defends people who have been accused of sex crimes in Arizona. If you have been charged with sexual conduct with a minor under ARS 13-1405 or another sex crime and need legal help, call us at (480) 456-6400.
What is Sexual Conduct with a Minor (ARS 13-1405)?
Arizona Revised Statute 13-1405 (A) says: “A person commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person who is under eighteen years of age.”
Sexual intercourse can include more than just “penetration.” At least one Arizona court case has held that a clothed person who stimulated himself by rubbing against the clothed body of his victim was engaging in “sexual intercourse.”
What Are the Penalties for Sexual Conduct With a Minor?
According to ARS 13-1405 (B), the legal sanctions for sexual activity with a minor in Arizona depend on the age of the minor, the circumstances of the alleged conduct, and whether the adult is a person in a position of trust with the minor.
Sexual Misconduct With a Minor at Least 15 Years Old: Class 6 Felony
The penalty for sexual misconduct with a minor at least 15 years old is a class 6 felony, except for those in a position of trust, which is a class 2 felony.
For a class 6 felony, the penalties are:
- First-time offender: Probation or four months to two years in prison; parole eligible.
- Defendant with one prior felony: Must be sentenced to prison; probation is not available. Minimum prison sentence of eight months, presumptive term of one year in prison, and a maximum of 2.75 years.
- Defendant with two prior felonies: Must be sentenced to prison; probation is not available. At least 2.25 years, with a presumptive term of 3.75 years, and a maximum of 5.75 years.
- Defendant in a position of trust: Class 2 felony. Probation is not available; includes a minimum three-year prison sentence, with a presumptive term of five years and a maximum of 12.5 years.
A person is in a position of trust when that individual is any of the following:
- The minor’s parent, stepparent, foster parent, grandparent, adoptive parent, legal guardian, aunt, or uncle, or a person who is romantically or sexually involved with any of these people or with a sibling of the minor.
- A person who is related to the minor by blood or marriage within three degrees and is at least 10 years older than the minor.
- The minor’s teacher, any other school employee, or school volunteer at least 18 years old.
- The minor’s coach or instructor, whether as an employee or volunteer.
- The minor’s clergyman or priest or a person at least 18 years old who works for or volunteers for a religious organization that hosts events or activities the minor attends.
- An employee of a group home, including a child welfare agency, or residential treatment facility where the minor resides or has resided.
- The minor’s employer.
Sexual Conduct With a Minor Between 12 and 14 Years Old
The Arizona law increases the penalties for sexual conduct with a 12, 13, or 14-year-old minor to a class 2 felony:
- Mandatory prison term between 13 and 27 years, with a presumptive term of 20 years.
- If the defendant is convicted of a “predicate felony,” the prison term is between 23 and 37 years, with a presumptive term of 30 years.
- Convictions involving more than one minor victim result in stacked terms that must be served consecutively.
- Must register as a sex offender.
Sexual Conduct With a Minor Under 12 Years Old
Conviction of sexual conduct with a minor under 12 years old and who suffered serious physical injury as a result is a class 1 felony, and the penalties are:
- Imprisonment for natural life.
- No eligibility for commutation, parole, work furlough, work release, or release from confinement on any basis.
Additional Consequences for a Child Sexual Conduct Conviction
Even for a conviction that does not result in a natural life sentence, and even if you are allowed parole, a felony conviction for sexual conduct with a minor carries consequences beyond a prison sentence that can follow you wherever you go.
For example, you may be subject to lifetime registration as a sex offender, lifetime probation, and lose any Arizona professional licenses you may have had. You may also have trouble finding employment, housing, or obtaining a loan.
Stacking of Separate Sexual Contact Instances
Under Arizona law governing sex offender terms, each individual incident involving multiple acts of conduct in a single instance or multiple acts from multiple instances is a separate violation of ARS 13-1405 and results in consecutive prison sentences, (i.e., “stacked”). For example, if the sexual contact included sexual intercourse and oral sexual contact, then each count runs consecutively, not concurrently.
Defenses to Child Sexual Conduct Charges
Being accused of sex crime charges with a child can seem like the end of the world, but you should not despair. Depending on the circumstances, there are many possible defense strategies that an experienced criminal defense lawyer can use on your behalf. Here are some more common defenses that may be available to you.
False Accusations
Being falsely accused of sexual contact with a minor victim is, unfortunately, not uncommon in domestic relations matters, especially when parents are alleging sexual conduct when contesting custody of their children. False allegations are also often made against stepparents, foster parents, and other adults in cases with alleged victims.
Age Difference Defenses
Sometimes, especially with older minors, an alleged victim may lie to the defendant about how old he or she is, claiming to be at least 18. If you were in position where it is reasonable to believe that you could not have reasonably known that you were engaging with a minor, then this could be a defense.
In some situations, if you are under 19 years old or still attending high school, and you are not more than two years older than the alleged victim (who is age 15 to 17), then consensual sexual contact may be excusable under Arizona’s statutory “Romeo and Juliet” defense.
If the victim is 16 or 17, he or she may be able to get married and legally consent if he or she has the consent of one parent or guardian or is emancipated under the laws of Arizona or another state. In this case, the existence of the marriage relationship can act as a defense.
Licensed Physician and Nurse Defenses
If the alleged sexual contact was performed in furtherance of lawful medical practice in a medical emergency, this may be a defense to a charge of sexual conduct with a minor.
Evidentiary Defenses
Sometimes, the police can make mistakes when gathering evidence against you in a case involving alleged sexual conduct with a minor.
For example, a police officer may fail to timely advise you of your constitutional rights, like your Miranda rights, and engage in improper questioning of you at the time of your arrest or engage in an illegal search and seizure of your person or other evidence against you, or even engage in improper questioning of witnesses.
Choose AZ Defenders to Represent You
If you are being investigated or have been charged for alleged sexual conduct with a minor (or any other sex crime), then you need an elite criminal defense team immediately.
AZ Defenders has over 150 years of combined experience and employs a board-certified criminal defense specialist. You can rely on us to do everything in our power to secure the best possible outcome on your behalf.
For a free consultation about your case, call us at (480) 456-6400 or use our contact form.
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