Molestation of a Child – Child Molestation – A.R.S. § 13-1410
Child Molestation for a violation of the Molestation of a Child Statute, Arizona Revised Statutes (A.R.S.) § 13-1410, carries with it not only stigma, but substantial punishments. As with almost all sex offenses, Molestation of a Child is a felony.
To prove their case in a Molestation of a Child case, the State would need to prove that a defendant intentionally or knowingly engaged in, or caused a person to engage in, sexual contact, except sexual contact with the female breast, with a child under 15 years of age.
Sexual contact is defined by A.R.S. § 13-1401(3) as “any direct or indirect touching, fondling or manipulating of any part of the genitals, anus or female breast by any part of the body or by any object or causing a person to engage in such contact” but does not include such touching or manipulating that occurs during caretaking responsibilities that “an objective, reasonable person would recognize as normal and reasonable under the circumstances.”
Punishment for Molestation of a Child
The punishment for child molestation for a violation of Molestation of a Child, A.R.S. § 13-1410 is harsh. A conviction carries a mandatory prison sentence of 10 to 24 years, as well as mandatory registration as a sex offender.
That prison sentence is a “flat” sentence, meaning you serve every day of the sentence without early release.
Sex offender registration is a lifetime requirement.
What Can Be Done and What Defenses Are Available
If you are accused of molesting a child and committing Molestation of a Child you need to immediately invoke your right to remain silent and your right to an attorney. You then need to contact an attorney immediately and begin working up a defense. Attacking the State’s case early is important, and can be done in a variety of ways, including through an independent investigation which can help find reasons for false reporting; consultation with child abuse experts; and identifying violations of your constitutional rights.
Don’t let an allegation of molestation become a conviction. Gurion Legal offers free consultation for those charged with Molestation and other serious sex offenses. The first step is to discuss your case.