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Arizona Sex Crimes Overview

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Arizona Sex Crimes Overview

Sex crimes in Arizona are considered some of the most severe in terms of punishments and can be difficult to prove innocent without the right kind of defense.

If you are facing these types of charges, your life could be negatively and permanently altered.

A sex offense conviction can expose you to severe penalties and collateral consequences that can continue causing harm in your life for decades, including prison, substantial fines, community service, probation, sex offender registration, and other consequences.

Being charged with a sex crime does not mean that you are automatically guilty. It is not unheard of for someone else to make false accusations and get away with doing so.

The defense attorneys at Colburn Hintze Maletta are experienced in handling sex offense cases and understanding how to build strong defenses for their clients when facing these types of charges.

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An Overview of Arizona Sex Crime Charges

Understanding the Different Types of Sex Crimes in Arizona

Many sex crime convictions will carry lengthy prison sentences followed by lifetime Arizona sex offender registration and sex offender probation. Being registered as a sex offender can mean being restricted from living in certain places, having trouble finding employment, and struggling with interpersonal relationships. The collateral consequences of a sex offense conviction can stay with you for the rest of your life.

You need to talk to an experienced sex crime lawyer as soon as possible if you are facing sex crime allegations. Retaining an attorney is one of the most important steps you should take if you are being investigated or have already been charged.

Read below about the many different types of sex crimes in Arizona that someone can be charged with and how our experienced Arizona sex crimes defense attorneys can help.

Sexual Assault – ARS 13-1406

Sexual assault is found in ARS 13-1406 and is commonly referred to as rape. This crime occurs when you intentionally or knowingly have sexual intercourse or oral sex with someone else without consent.

Sex assault is a Class 2 felony carrying a mandatory prison sentence that ranges from a minimum of 5.25 years up to a maximum of 14 years for a first offense.

If you have prior felonies that can be alleged, the penalties can be much more severe.

A second offense can expose you to a maximum of 21 years, and a third offense can result in a maximum sentence of 28 years.

People who are convicted of sexual assaults will also have to register as sex offenders for life and may face fines of up to $150,000, among other penalties.

Sexual Conduct with a Minor / Statutory Rape – ARS 13-1405

Sexual conduct with a minor is found in ARS 13-1405 and is also known as statutory rape. This offense can be charged when you engage in sex with someone younger than age 18. Sexual conduct with a minor is a Class 6 felony if the person is between the ages of 15 and 17.

If the alleged victim is younger than 15, however, it is a Class 2 felony and a Dangerous Crime Against Children, which carries a special sentencing scheme that is much more severe.

A conviction for sexual conduct with a minor could lead to a sentence of life in prison, depending on the age of the minor.

A DCAC sexual conduct with a minor charge can also result in lifetime sex offender probation and lifetime sex offender registration after you are released from prison, and you will be required to serve your complete prison sentence before you are eligible for release.

Sexual Exploitation of a Minor / Child Pornography – ARS 13-3553

Sexual exploitation of a minor is codified in ARS 13-3553 and is also known as child pornography. This offense includes producing, possessing, distributing, sending, receiving, and other actions involved with visual depictions of minors engaged in sex acts or sexual exhibitions.

Sexual exploitation of a minor is a class 2 felony and a dangerous crime against children (DCAC) that is punishable under the special sentencing guidelines found in ARS 13-705 if the minor depicted in the images is under 15 years old.

A first offense conviction for sexual exploitation of a minor under the age of 15 carries a mandatory prison term of 10 to 24 years.

Additionally, if convicted of multiple counts of sexual exploitation of a minor under the age of 15, the prison terms for each conviction must be served consecutively. This means that a person could receive no less than 10 years in prison for each image of child pornography if convicted.

In Arizona, it is a common practice for prosecutors to charge a person with 10 separate counts of sexual exploitation of a minor, which would carry a minimum sentence of 100 years in prison if convicted.

Child Molestation – ARS 13-1410

Child molestation is found in ARS 13-1410 and can be charged when someone intentionally or knowingly engages in sexual contact with a minor who is 14 or younger.

The sexual contact involved includes touching, manipulating, or fondling the victim’s anus or genitals but does not include offenses only involving a female’s breasts. This offense can also be charged if you cause someone else to engage in this type of conduct.

Child molestation is a Class 2 felony punishable as a Dangerous Crime Against Children under ARS 13-705.

Sexual Abuse – ARS 13-1404

Sexual abuse is found in ARS 13-1404 and involves sexually contacting someone who is 15 or older without consent, male or female. If the victim is younger than age 15, this offense can be charged when the contact only involved the breasts of a female.

Sexual abuse involving someone who is 15 or older is not a dangerous crime against children and is charged as a Class 5 felony. However, if the victim is under the age of 15, it is a Class 3 felony and classified as a dangerous crime against children, and is punishable under ARS 13-705.

Sexual Extortion – ARS 13-1428

Sexual extortion is defined in ARS 13-1428 and occurs when you threaten or coerce someone else into engaging in sexual conduct, including sexual intercourse, explicit photographs or videos, sexual contact, or sexual exhibitions.

This offense is a Class 3 felony. However, if the victim is younger than 15, it is a Class 2 felony punishable as a dangerous crime against children.

Indecent Exposure – ARS 13-1402

Indecent exposure is found in ARS 13-1402. This offense can be charged if you expose your genitals, anus, or female nipples in someone else’s presence with recklessness regarding whether the other person might be offended.

If the victim is 15 or older, it is a Class 1 misdemeanor for a first or second offense. However, if it is a third offense or if the victim is younger than 15, you can be charged with a Class 6 felony.

Public Sexual Indecency – ARS 13-1403

Public sexual indecency is found in ARS 13-1403. This crime can be charged when you engage in sex acts with someone else in the presence of another person without regard to whether the witness would be offended.

This crime is charged as a Class 1 misdemeanor if the bystander is 15 or older and is a Class 5 felony if the victim is younger than age 15.

Prostitution – ARS 13-3214

Prostitution is found in ARS 13-3214 and is charged when someone offers to engage in sex acts or accepts them for pay. This offense is charged as a Class 1 misdemeanor with a minimum jail sentence for the first three convictions.

A first-time conviction requires a 15-day jail sentence, a second conviction requires a 30-day jail sentence, and a third conviction requires a 60-day jail sentence.

A fourth conviction for prostitution is a Class 5 felony carrying a sentence of no less than 180 days of jail or a potential prison sentence of up to 2.5 years if the person does not have any prior felony convictions.

Unlawful Disclosure of Sexual Pictures or Videos – ARS 13-1425

Also known as revenge porn, unlawfully disclosing sexual pictures or videos of another person without his or her consent is a crime under ARS 13-1425. You can be charged with this offense if the person can be identified from the visual depiction, the person has a reasonable expectation of privacy, and you intended to harass, intimidate, coerce, harm, or threaten the person depicted.

Being charged with this crime is a Class 5 felony. If you transmit the image electronically, it then becomes a Class 4 felony. If you threaten to publish the images but do not actually do so, you can still be charged with a Class 1 misdemeanor.

Luring a Minor for Sexual Exploitation – ARS 13-3554

Luring a minor for sexual exploitation is found in ARS 13-3554. You can be charged with this offense if you offer or solicit sexual conduct with someone younger than age 18. This offense is often charged following a sex sting operation conducted by the police and is a Class 3 felony.

If the minor or the purported minor is 14 or younger, it is a dangerous crime against children punishable by 5 to 15 years in prison.

Aggravated luring a minor for sexual exploitation can be charged under ARS 13-3560 if a person uses an electronic communication device, such as a cellphone or computer, to transmit a visual depiction that is harmful to minors in an effort to offer or solicit sexual conduct with a minor.

You cannot defend against these charges based on the fact that the person you solicited was actually an adult police officer posing as a minor.

Kidnapping a Child for Prostitution / Sex Trafficking – ARS 13-3206

Taking a child for purposes of child prostitution or sex trafficking is found in ARS 13-3206 and is a Class 4 felony if the victim is 15 to 17. If the victim is under age 15, it is a Class 2 felony and is a dangerous crime against children.

Other sex crimes in Arizona include the following:

  • Continuous sexual abuse of a child
  • Voyeurism
  • Surreptitious recording
  • Police or probation officers engaging in sexual conduct with inmates or probationers
  • For a full list of other sex crimes, contact our offices

If you are charged with a sex crime, it is crucial for you to hire an experienced sex crime lawyer as soon as possible. Technological advancements have led to new investigatory techniques, including DNA testing, IP tracing, and others.

Police officers frequently try to interrogate people who are accused of committing these types of offenses without the presence of a sex crime lawyer.

You should never agree to answer questions or believe that you can talk your way out of this type of charge. Instead, assert your rights to remain silent and to have an attorney represent you.

Sex offenses are harshly punished in Arizona. Most sex offense convictions are felonies and can permanently impact your life. An attorney at Colburn Hintze Maletta might help you to secure a reduction of charges or penalties. In some cases, we might be able to secure an outright dismissal of the charges against you. Without the help of an experienced attorney, your likelihood of being convicted is much higher.

What Defenses Can Be Used Against Sex Crime Allegations?

Being charged with a sex offense can lead to substantial stigma. You might feel that you cannot possibly defend against this type of case. However, a good attorney can review the evidence against you and identify different defenses that might be available.

Your sex crime lawyer might challenge DNA evidence when it was collected, stored, transported, or analyzed incorrectly. The victim’s credibility might also be at issue, depending on the circumstances and your relationship with him or her.

Several statutory defenses are listed in ARS 13-1407 to specific types of sex offenses, including sexual abuse or sexual conduct with a minor. You can defend against these charges if the victim was between the ages of 15 and 17, otherwise consented, and you did not know or reasonably could not have known that he or she was a minor.

You also can defend against this charge if the sexual contact was done in the furtherance of legal, medical practice or if the alleged victim was your spouse when the alleged offense occurred.

There are many other defenses that might be available. An experienced attorney at Colburn Hintze Maletta can analyze the evidence and talk to you about your options for defending against your charges.

Speak to our Sex Crimes Defense Lawyers and get Immediate Help

Arizona does not take accusations of a sex crime lightly. These charges can have a very long-lasting and life-altering effect. Anyone that is either in the pre-charge phase and being questioned by police – or has already been arrested and charged with a sex crime – needs to speak to an attorney at Colburn Hintze and Maletta immediately.

We have successfully defended numerous clients over the years that have been accused of a sexual-related criminal charge. Give us a call now at (602) 825-2500.

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Client Testimonials

Arizona attorney Darin Colburn

“The calm in the middle of my storm…”

I, recently, consulted with Darin after my wife filed for divorce. He was referred to me by a friend whom I very much trust. Darin was the antithesis of the first two attorneys I consulted (who were matter-of-fact and had very little empathy about the fact that I was struggling emotionally with what was transpiring). From the first few minutes of speaking with Darin, it was obvious that he was very knowledgeable and skilled with divorce and family matters. While that was most important to me, the thing that made the difference was his calming, logical, and empathetic approach. He took the time to listen and empathize with me. He took the time to understand what I wanted to achieve through this process and laid out my options. After the consultation, I knew he would be my attorney if I had to pull the trigger. I, ultimately, didn’t have to engage Darin’s services due to a reconciliation with my wife. I hope I never have to go through that process again, however, if I do, I know beyond a shadow of a doubt who I will be hiring to represent me…Darin R. Colburn. Darin, thank you for caring and being more than an attorney.

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Divorce / Reconciliation Client
Attorney David Maletta

“There is NOBODY I would rather have defending me than David”

I hired David Maletta and it was the best decision of my life. His knowledge, genuine interest, overall attitude, and ability to connect with people is incomparable. I could talk about all of this at length. I COULD do all of that, but that wouldn’t do David justice. He first and foremost demonstrates his interest and genuine care for his client. Being in uncharted territory with a criminal charge and nowhere to turn, David’s presence and personality put all nerves at ease. I went through a jury trial with David beside me. The trial ran for 3 days and I spent a significant amount of time with David one-on-one. During this stressful time, he wanted to hear my input and thoughts on everything. David was incredible from the first day I met him. Not only is he a great attorney, but he is also a great person who cares about people and finding justice for his clients. He connects to the human side of people. I can’t put into words how much David cares about the individual in a case. When it comes to the courtroom, there is NOBODY I would rather have defending me than David.

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DUI Defense Client
Arizona attorney Darin Colburn

“Because of Darin I got my daughter back”

Before I hired Darin I went through a total of 3 different attorneys in two different states fighting a jurisdiction battle, when my daughter was taken to a different state. It was a very difficult decision to switch attorneys at one of the most difficult, time sensitive and important times in my case, but I’m very glad I did. Upon receiving my file from previous attorneys Darin came very familiar with my case quickly. Like other people have explained he took the time to lay everything out and explain how the process was going to proceed and what to expect and continued to do this as new issues arrived. He is also very quick at responding to emails and phone calls. My case was getting close to trial as told by my previous attorneys, I did not want to go to trial as I know this is very costly (most attorneys will convince you that you need to.) Darin knew my situation, fought for what was right and got the results I wanted while avoiding a costly trial. He is extremely knowledgeable in the Child Support Guidelines as well. Because of Darin I got my daughter back. I would highly recommend him and would hire again for any future issues. Thanks Darin!

Chris - AVVO Review

Child Custody & Support Client
Attorney David Maletta

“I was found NOT GUILTY. Dave won the trial for me.”

Dave stayed with me while he pushed back and forth with Covid-19 and the delays with court. Once cited, the state basically decides that you’re guilty through the automatic suspension of your drivers license. Dave immediately took care of that problem and I never lost the privilege of driving. Dave took notes like crazy and was upfront about our uphill battle. I was also well aware that the plea deal that was given to us, was unacceptable and through Dave’s knowledge and experience I had put my trust in him to guide me to make the right decision on how to proceed. With Dave’s guidance I had decided that we needed to fight for something better than what the prosecutor was offering and Dave was 100 percent behind me on that decision. We knew the risks, be we also knew we had very little to lose based on the prosecutions stance. We decided to go to trial… Watching the prosecution and then watching Dave was night and day!! It was clear to the jury that the prosecution didn’t have their facts straight and were not addressing the facts that they could not address…There was a lot at stake for my personal life and my work life. I was found NOT GUILTY. Dave won the trial for me.

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Criminal Defense Client
Arizona Attorney Timothy Hintze

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I had an incident and was Given the catch-all charge. There wasn’t really anything I could do by myself to get out of it. Tim was absolutely amazing and worked diligently to ensure that I would have the best possible outcome from my case. Which he successfully achieved! As of right now I am on the path to having my case fully dismissed. A couple things that really helped me through this process was that Tim did an amazing job at was answering my questions. He was available almost anytime and would respond promptly when he got my emails. He was also very approachable and comforting to be around while we had in person meetings and especially when I was at the court house. I would trust him and the company he works for with any other cases in the future and as of right now they will be my first choice if I need a lawyer in the future.

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Arizona Attorney Timothy Hintze

“Listens to every request that you make on a case”

I honestly just want to let it be known to any and everyone looking for an attorney on a case. Whether it be DUI, possession, or your every day to day traffic violations where you need representation attorney Tim Hintze is your man. You have to respect a man that listens to every request that you make on a case and he gets in there and gets it done. Tim has my respect as an attorney and being a well-rounded representer. From him being honest on the possibility and options for your case to him being easy to work and communicate with via over the phone or face to face Mr. Hintze is working it out.

Ben - AVVO Review

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