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- How Arizona Law Defines Sexual Abuse Under ARS 13-1404
- Sexual Abuse vs. Sexual Assault: Understanding the Difference
- Penalties for Sexual Abuse in Arizona
- Common Defenses to Sexual Abuse Charges
- Real-World Examples of Sexual Abuse Cases in Arizona
- FAQs About Sexual Abuse Charges in Arizona
- Contact a Sexual Abuse Defense Lawyer From CHM Law
Facing a sexual abuse charge under Arizona law can be one of the most serious and life-altering experiences a person can endure. Allegations like these often arise from complex situations where consent, intent, or even mistaken identity are questioned. Understanding what qualifies as sexual abuse under ARS 13-1404—and how it differs from sexual assault—is critical to protecting your rights and preparing a strong defense.
In Arizona, sexual abuse is a broad offense that can range from unwanted touching to more invasive conduct, depending on the facts of the case. While it is a felony, the penalties and definitions differ significantly from those involving sexual assault, which generally includes sexual intercourse or oral sexual contact without consent. The difference between these two offenses often determines whether someone faces years or even decades in prison.
At Colburn Hintze Maletta, our criminal defense attorneys regularly represent individuals accused of sex crimes throughout Arizona. We believe that every person charged with a crime deserves a fair defense, and we are committed to helping our clients understand what they are facing, how Arizona law defines these charges, and what defenses may apply.
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ARS 13-1404: Sexual Abuse Charges in Arizona and How They Differ From Sexual Assault
How Arizona Law Defines Sexual Abuse Under ARS 13-1404
Under ARS 13-1404, a person commits sexual abuse by intentionally or knowingly engaging in sexual contact without consent of another person, or with someone under fifteen years of age if the contact involves only the female breast.
The law defines sexual contact explicitly as any touching, fondling, or manipulation of the genitals, anus, or female breast by any part of the body or by an object.
This statute distinguishes sexual abuse from more serious sexual offenses such as sexual conduct with a minor or sexual assault, which involve penetration or oral sexual contact.
Even though sexual abuse may not involve intercourse, the consequences can still be severe, particularly when the victim is under fifteen years of age.
According to the Arizona Revised Statutes, the classification of the offense depends on the age of the victim and the nature of the sexual contact.
A defendant convicted of sexual abuse involving a child under 15 faces enhanced penalties and possible registration as a sex offender.
Sexual Abuse vs. Sexual Assault: Understanding the Difference
Many people confuse sexual abuse with sexual assault, but under Arizona law, these are distinct offenses with different elements and penalties.
- Sexual Abuse (ARS 13-1404) involves sexual contact such as inappropriate touching or fondling without consent.
- Sexual Assault (ARS 13-1406) involves sexual intercourse or oral sexual contact without consent
Sexual abuse does not require penetration, while sexual assault does. The difference between these crimes often lies in what type of contact occurred and whether it involved intercourse or oral sexual contact.
For example:
- If a person knowingly engages in sexual contact, such as touching another person’s breast or genitals without consent, they may be charged with sexual abuse.
- If a person engages in sexual intercourse or oral sexual contact without consent, they face sexual assault charges, which carry significantly harsher penalties.
Because both crimes are considered sex offenses, convictions can lead to mandatory prison time, lifetime registration as a sex offender, and devastating personal and professional consequences.
An experienced criminal defense attorney from CHM Law can evaluate the facts of your case and determine whether the allegations more appropriately fit the definition of sexual abuse rather than sexual assault, which can make a substantial difference in the possible sentencing outcome.
Penalties for Sexual Abuse in Arizona
The penalties for sexual abuse depend heavily on the victim’s age and the circumstances of the sexual contact.
Sexual abuse is classified as either a Class 3 felony or a Class 5 felony, depending on the victim’s age.
If the victim is fifteen years of age or older, the offense is a Class 5 felony. The potential penalty includes probation or up to 2.5 years in prison for a first-time offense.
If the victim is under fifteen years of age, and the contact involves only the female breast, the offense becomes a Class 3 felony. It is considered a dangerous crime against children. Convictions under this classification can lead to 5 to 15 years in prison for a first offense, with longer sentences for repeat offenders.
Here is a breakdown of potential penalties under Arizona law:
| Classification | Victim’s Age | Statute | Potential Penalty | Additional Consequences |
| Class 5 Felony | 15 years of age or older | ARS 13-1404 | Probation to 2.5 years in prison | May be required to register as a sex offender |
| Class 3 Felony | Under 15 years of age (female breast only) | ARS 13-1404 & 13-705 | 5 to 15 years in prison | Considered a dangerous crime against children |
| Repeat Offense | Any age | ARS 13-706 | 10 to 30 years or life in prison | Mandatory sex offender registration |
Common Defenses to Sexual Abuse Charges
A strong defense strategy can make a decisive difference in the outcome of a sexual abuse case, particularly when the accused is a person who is fifteen or more years older than the victim.
While every situation is unique, there are several possible defenses to sexual abuse charges:
- Lack of Intent – The prosecution must prove that the defendant intentionally or knowingly engaged in sexual contact. If the act was accidental or misinterpreted, this can serve as a defense to a prosecution under this statute.
- Consent – If the alleged victim consented to the sexual contact, it may completely negate the charge. However, this defense does not apply if the victim is under fifteen years of age.
- False Allegations – Unfortunately, accusations of sexual abuse can stem from personal disputes, jealousy, or attempts to gain leverage in family court. The defense may present evidence to show that the allegations are false or exaggerated.
- Mistaken Identity – In some cases, the defendant was in a position of trust or worked in a setting where multiple people were present, such as a school or medical facility. Misidentification or faulty recollection can lead to wrongful accusations.
- Insufficient Evidence – The state must prove its case beyond a reasonable doubt. If there is no physical evidence or credible witness testimony, a skilled defense lawyer can move to have the charges dismissed.
At Colburn Hintze Maletta, our team develops defense strategies tailored to the facts of each case. We conduct thorough investigations, challenge unreliable witness testimony, and ensure the prosecution meets its burden of proof.
Real-World Examples of Sexual Abuse Cases in Arizona
- Example 1:
- A Phoenix man was accused of sexual contact after hugging a coworker who later claimed the contact was inappropriate. Surveillance video and witness testimony showed the encounter was brief and nonsexual. The case was dismissed before trial due to lack of evidence and credible proof of intent.
- Example 2:
- A teacher in Mesa was charged with sexual abuse after being accused of touching a student’s female breast during a crowded event. The investigation revealed inconsistencies in the student’s statements, and the defense attorney successfully argued that the contact was accidental. The charges were reduced, and the teacher avoided prison time.
Cases like these show that context and evidence matter.
Each sexual abuse allegation must be carefully evaluated, and a strong defense can protect the accused from devastating consequences.
FAQs About Sexual Abuse Charges in Arizona
- What exactly counts as “sexual contact” under Arizona law?
Under ARS 13-1404, sexual contact means any direct or indirect touching, fondling, or manipulation of the genitals, anus, or female breast by any part of the body or object. This includes over-the-clothing contact. The key question in these cases is often whether the contact occurred without consent or with intent to arouse or gratify sexual desire. - Is sexual abuse the same as sexual assault in Arizona?
No. The difference lies in the act. Sexual abuse involves sexual contact such as unwanted touching, while sexual assault under ARS 13-1406 involves sexual intercourse or oral sexual contact without consent. Although both are serious sex crimes, sexual assault carries much harsher penalties, including mandatory prison sentences for many first-time offenders. - Can someone be charged with sexual abuse if the alleged victim is over 18?
Yes. Sexual abuse in Arizona can apply to victims of any age. When the alleged victim is fifteen years of age or older, the offense is a Class 5 felony, punishable by probation or up to 2.5 years in prison. The charge becomes much more serious if the victim is under fifteen years of age. - What if the alleged victim consented to the sexual contact?
Consent is a valid defense in many cases involving sexual abuse, but there are exceptions. A person cannot legally consent to sexual activity if they are under fifteen years of age, intoxicated, unconscious, or otherwise incapable of understanding the nature of the act. If there was valid consent, your defense attorney can present evidence to support that argument. - Can I be forced to register as a sex offender for a sexual abuse conviction?
Yes. In most cases, a person convicted of sexual abuse must register as a sex offender under ARS 13-3821, especially if the victim was under 18. Registration can affect where you live, work, and travel. Your defense lawyer may be able to negotiate to reduce charges and avoid registration in some cases, depending on the facts. - What happens if I’m falsely accused of sexual abuse?
False allegations are more common than many people realize. In some cases, claims arise from personal disputes, custody battles, or misunderstandings. A skilled criminal defense attorney from CHM Law will investigate inconsistencies in witness statements, text messages, and physical evidence to challenge the credibility of the accusation and protect your rights. - What should I do immediately if I’m being investigated or charged?
If law enforcement contacts you about a sexual abuse allegation, do not attempt to explain yourself or provide a statement without an attorney present. Politely decline to answer questions and call Colburn Hintze Maletta immediately. Early legal representation can prevent misunderstandings, protect your constitutional rights, and often influence whether charges are even filed.
Contact a Sexual Abuse Defense Lawyer From CHM Law
If you or a loved one has been charged with sexual abuse in Arizona, the decisions you make now can affect the rest of your life. Allegations involving sexual contact without consent require immediate and aggressive representation.
At Colburn Hintze Maletta, we have extensive experience defending individuals accused of sex crimes, including sexual abuse, sexual assault, and sexual conduct with a minor. With deep knowledge of the Arizona Revised Statutes and years of trial experience, CHM Law is prepared to build a strong defense and protect your future. Our criminal defense attorneys know how prosecutors build these cases and how to expose weaknesses in their evidence.
We offer free confidential consultations where you can speak directly with an attorney, review the facts of your case, and learn about potential defense strategies. Our team works closely with forensic experts, investigators, and medical professionals to challenge the state’s narrative and protect your future.
Call us today at 602-755-6290 or contact us through our website to schedule your free consultation.
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I had an exceptional experience with this Family Law Attorney of CHM. They handled my child support litigation, contested divorce, and custody & visitation rights with utmost professionalism and expertise. Their guidance through the divorce litigation process was invaluable, and they were incredibly thorough with the modification of court orders. They also assisted me with paternity establishment and drafting a prenuptial agreement, which gave me great peace of mind. The attorney’s approach to property division and spousal support & alimony litigation was fair and meticulous. They were also very supportive during the restraining order litigation, ensuring my safety and well-being. I highly recommend their services to anyone in need of a reliable and compassionate family law attorney.
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I want to say thank you CHM Lawfirm for helping me get through some legal issues. Tim Hintze recently helped me in a legal case and he did an amazing job and is a magnificent lawyer! I could see that he was very passionate about helping me and had a genuine concern about exposing and fighting the false accusations against me. I would also like to thank Alysa Hudson and Whittney Stricker, who has been helping me in family court in a custody case for my child. They have shown nothing but kindness and concern, and are always a step ahead. I have confidence that they will lead me to a great outcome!
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I hired Darin after my ex abandoned our marriage. Darin put me in touch with a private investigator to serve papers to my ex that I’d filed seven days after she disappeared. No luck there, the P.I. could not find my ex, so Darin prepared me for a default case. Lo and behold, my ex surfaced and had a process server deliver legal papers to me. I emailed copies of the papers to Darin. We had a meeting where we detailed our response. A dispute resolution conference was set, and Darin gave great advice including a settlement proposal. We met with the opposing parties, my ex had hired a lawyer. The conference was a bust since my ex decided to claim a larger settlement, including personal property?! Darin assured me my ex had no valid claim to my personal property since I had gained them before the marriage. Before the next resolution conference, my ex upped her claim to approximately $1300/month for four years plus money from my personal property. She’d made unfounded allegations against me. I think she thought the allegations would be taken seriously even though there was no evidence to support her allegations. This is why she was asking for so much money and my personal property. She had been here in the U.S.A. for only two years and left two days after the approval of her ten year spousal green card.
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