Table of Contents:
- ARS 13-1402 – Indecent Exposure
- ARS 13-1403 – Public Sexual Indecency
- ARS 13-1404 – Sexual Abuse of a Minor
- ARS 13-1405 – Sexual Conduct with a Minor
- ARS 13-1406 – Sexual Assault
- ARS 13-1410 – Child Molestation
- ARS 13-1428 – Sexual Extorsion
- ARS 13-1425 – Unlawful Disclosure of Sexual Material
- ARS 13-3206 – Child Sex Trafficking
- ARS 13-3214 – Prostitution / Solicitation
- ARS 13-3553 – Sexual Exploitation of a Minor
- ARS 13-3554 – Luring a Minor for Sexual Exploitation
- Sex Crime Lawyer Defenses
- Hiring a Phoenix Sex Crime Attorney
Overview of Arizona Sex Crime Laws
In Arizona, the criminal justice system treats sex crimes seriously. These offenses carry some of the most severe penalties of the various offenses for which people might be charged.
If you have been charged with a sex crime, you could face ongoing consequences for the rest of your life if convicted, including a long prison sentence, significant fines, probation, community service, sex offender registration, and other consequences that can continue to impact your life for decades.
You should treat your charges seriously and get experienced legal help from a sex crimes attorney as soon as possible. The Phoenix criminal defense attorneys at Gurion Legal know how to defend against serious sex allegations and are prepared to help you build a strong defense to your charges.
Being charged with a sex crime does not necessarily mean that you will be found guilty. Criminal charges are not evidence of guilt and cannot be used against you. However, some people falsely accuse others of committing sex offenses, and it is possible to be convicted of a serious offense even when you are innocent.
Different Types of Sex Crimes in Arizona
Many different offenses can be charged as sex crimes in Arizona. Below, you can read an overview of some of the different types of sex crimes that can be charged in the state.
Sexual Assault Under ARS 13-1406
Under ARS 13-1406, people can be charged with sexual assault when they knowingly or intentionally engage in oral sex or sexual intercourse with others without their consent. This offense is commonly called rape, and it is among the most serious sex offenses with which you can be charged in Arizona.
Sexual assault is classified as a Class 2 felony. If you are convicted of rape as a first offense, you will face a prison sentence of a mandatory minimum of 5.25 years up to a maximum of 14 years.
If you have one prior allegeable felony and are convicted of sexual assault as a second offense, you will face up to 21 years in prison. If you are convicted of sexual assault and have two prior allegeable felony offenses on your criminal record, you will face up to 28 years in prison.
A sexual assault conviction will also carry a fine of up to $150,000, lifetime sex offender registration, and other penalties.
Sexual Misconduct with a Minor Under / Statutory Rape ARS 13-1405
Under ARS 13-1405, people can be charged with sexual conduct with a minor when they are 18 or older and have sexual intercourse or oral sex with a minor who is under the age of 18. This offense is commonly known as statutory rape. If the minor is between ages 15 and 17, it is a Class 6 felony.
If the minor is under the age of 15, sexual conduct with a minor is a Class 2 felony that is punishable as a dangerous crime against children. Dangerous crimes against children carry enhanced penalties that are much more severe than the penalties for regular Class 2 felonies.
Depending on the age of the minor, a conviction for sexual conduct with a minor as a dangerous crime against children can result in a lifetime prison sentence.
A conviction of sexual conduct with a minor as a DCAC can also result in sex offender probation for the rest of your life and lifetime sex offender registration once you are released from prison.
People who are convicted of DCAC sexual conduct with a minor also must serve their entire prison sentences and are not eligible for early release on parole.
Sexual Exploitation of a Minor Under ARS 13-3553
Under ARS 13-3553, sexual exploitation of a minor can be charged for multiple actions, including possessing, producing, transmitting, distributing, and receiving visual images or videos of minors engaged in sex acts.
This offense is commonly known as child pornography and is classified as a Class 2 felony and a dangerous crime against children. If the minor is younger than age 15, it is punishable under the enhanced penalties found in ARS 13-705.
For the first conviction of sexual exploitation of a minor who is younger than age 15, you will face a prison sentence ranging from 10 to 24 years.
If you are convicted of more than one count of sexual exploitation of a minor who is younger than age 15, you will have to serve the sentences for each count consecutively.
In other words, you could be sentenced to at least 10 years for each image or video found in your possession. This means that you could face a sentence to spend up to the rest of your life in prison if you are convicted of possessing multiple images.
Child Molestation Under ARS 13-1410
Under ARS 13-1410, you can be charged with child molestation if you knowingly or intentionally have sexual contact with a child you is 14 or younger, including manipulating, touching, or fondling a child’s genitals or anus. However, this offense does not include cases in which only a female’s breasts are contacted.
You can also be charged with child molestation if you cause another person to engage in these actions.
Child molestation is a Dangerous Crime Against Children (DCAC) and a Class 2 felony carrying from 10 to 24 years in prison for a first offense.
Sexual Abuse of a Minor Under ARS 13-1404
Under ARS 13-1404, you can be charged with sexual abuse if you have sexual contact with someone who is between the ages of 15 and 17 without their consent. You can be charged with this offense if you sexually contact a female’s breasts who is younger than age 15.
If the victim is between the ages of 15 and 17, it is a Class 5 felony and is not considered a Dangerous Crime Against Children (DCAC).
However, if the victim is younger than 15, it is a Class 3 felony and a DCAC.
Sexual Extortion Under ARS 13-1428
Under ARS 13-1428, people can be charged with sexual extortion if they use threats or coercion to get someone else to engage in sexual activity, including sexual contact, sexual intercourse, explicit videos or photographs, or sexual exhibitions.
Sexual extortion is a Class 3 felony. However, for victims under the age of 15, sexual extortion is a Class 2 felony DCAC.
Indecent Exposure Under ARS 13-1402
Under ARS 13-1402, people can be charged with indecent exposure when they recklessly expose their anuses, genitals, or females’ nipples in the presence of someone else in disregard of whether the other person could be offended.
Indecent exposure is a Class 1 misdemeanor for a first or second offense. When the victim is younger than age 15, or it is a third offense, it is a Class 6 felony.
Public Sexual Indecency Under ARS 13-1403
Under ARS 13-1403, you can be charged with public sexual indecency if you and someone else engage in sex acts in the presence of a third party without regard to whether or not the third party might be offended.
Public sexual indecency is a Class 1 misdemeanor if the third party is at least 15. It is a Class 5 felony when the third party is under the age of 15.
Prostitution / Soliciting Sexual Acts Under ARS 13-3214
Under ARS 13-3214, you can be charged with prostitution if you offer to engage in sex acts in exchange for payment or accept an offer of sex acts for pay. If you are convicted for the first time, you will face a jail sentence of 15 days.
If you are convicted a second time for prostitution, you will have to spend 30 days in jail. A third conviction will result in a sentence to spend 60 days in jail.
If you are convicted a fourth time for prostitution, it is a Class 5 felony with a minimum mandatory sentence of at least 180 days in jail or prison for up to 2.5 years if you do not have any previous felony convictions on your record.
Unlawful Disclosure of Sexual Pictures or Videos Under ARS 13-1425
Under ARS 13-1425, you can be charged with unlawful disclosure of sexual pictures or videos if you disclose explicit videos or pictures of someone else without consent. This offense can be charged if the person’s identity can be seen in the picture or video when they have a reasonable expectation of privacy, and you disclosed the picture or video with the intent to intimidate, harass, coerce, threaten, or harm them.
Unlawful disclosure is a Class 5 felony. However, if you transmit the photo or video electronically, it is a Class 4 felony.
You can still be convicted of a Class 1 misdemeanor if you threaten to disclose the photo or video but do not carry through with your threat.
Luring a Minor for Sexual Exploitation Under ARS 13-3554
Under ARS 13-3554, you can be charged with luring a minor for sexual exploitation if you solicit or offer sexual conduct with a minor under the age of 18. This offense is a Class 3 felony and is commonly charged after the police conduct a sex sting operation.
For minors age 14 or younger, luring a minor for sexual exploitation is a DCAC carrying a sentence from five to 15 years. Under ARS 13-3560, you can be charged with aggravated luring of a minor for sexual exploitation if you use a cellphone, computer, laptop, or mobile device to transmit a video or picture that is harmful to a minor to try to solicit or offer sexual conduct with him or her.
It is not a defense to this offense that the person you solicited was an adult police officer instead of a minor.
Child Sex Trafficking / Taking a Child for Prostitution Under ARS 13-3206
Under ARS 13-3206, you can be charged with child sex trafficking or taking a child for prostitution if you take a minor away from his or her guardian, parent, or another person with legal custody to prostitute them. If the victim is between the ages of 15 and 17, it is a Class 4 felony. If the victim is younger than age 15, it is a Class 2 felony DCAC.
Some of the other Arizona sex crimes include the following offenses:
- Surreptitious recording
- Continuous sexual abuse of a child
- Sexual conduct with inmates or probationers by police officers, jail or prison staff, or probation officers
- Sexual misconduct by behavioral health professionals
Gurion Legal’s Defenses Against Sex Crimes
Sex crimes carry a significant stigma. However, it is possible to successfully defend against sex offense charges with the help of an experienced attorney.
Our experienced defense lawyer can carefully review the evidence against you to identify the most strategic defenses available.
Some of the defenses that might be available include the following:
- Improper storage, collection, transportation, or analysis of DNA evidence
- The victim is not credible
- Romeo and Juliet defense to statutory rape
- Lack of knowledge of the victim’s age when the victim was between 15 and 17 and you are charged with sexual abuse or sexual conduct with a minor
Contact Gurion Legal Today
If you have been charged with a sex offense, you should talk to an experienced defense lawyer at Gurion Legal to learn about your options and the potential defenses that you might raise.
Being convicted of a sex crime could result in years in prison, lifetime sex offender registration, substantial fines, sex offender probation, and other penalties.
Contact us today to request a free and confidential consultation.
Meet with Your Defense Attorney at Gurion Legal
The attorneys at Gurion Legal represent people charged with crimes, including serious felony offenses. We can review the facts and circumstances of your case and help you to understand the legal options that might be available to you.
Contact our highly qualified and experienced Phoenix sex crimes lawyer today to request a free consultation that will cost you nothing. We will dive deeply into your case and examine every bit of evidence and accusation to form a compelling and aggressive defense on your behalf. Protect your freedom!
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