What is a “Dangerous Crime Against Children” ARS § 13-705

How Does ARS 13-705 Define a Dangerous Crime Against Children 

Under Arizona Revised Statutes § 13-705, several offenses qualify as “Dangerous Crimes Against Children” when committed against minors under the age of fifteen.  Below is a comprehensive list of these crimes:

1. Second Degree Murder – Involving the intentional killing of a minor, this crime is one of the most severe offenses under this statute.

    

2. Aggravated Assault – This includes assaults that result in serious physical injury or involve the discharge, use, or threatening exhibition of a deadly weapon or dangerous instrument.
3. Sexual Assault – Engaging in sexual activities with a minor without their consent falls under this category.
4. Molestation of a Child – Involves engaging in or causing a child to engage in sexual acts.
5. Sexual Conduct with a Minor – Includes various forms of sexual interaction with minors, significantly impacting their well-being.
6. Commercial Sexual Exploitation of a Minor – Encompasses activities that involve minors in prostitution or similar exploitative acts.
7. Sexual Exploitation of a Minor – This crime involves producing, distributing, or possessing child pornography.
8. Child Abuse – As defined under ARS § 13-3623, subsection A, paragraph 1, involving causing physical or emotional harm to a child.
9. Kidnapping – The unlawful taking or confinement of a minor with intent to harm or exploit.
10. Sexual Abuse – Includes inappropriate touching or other sexual activities that do not meet the threshold of sexual assault.
11. Taking a Child for the Purpose of Prostitution – As prescribed in ARS § 13-3206, involves coercing or transporting minors for sexual services.
12. Child Sex Trafficking – Involves the recruitment, harboring, or transportation of minors for sexual exploitation.
13. Involving or Using Minors in Drug Offenses – Includes using minors in the sale, distribution, or production of drugs.
14. Continuous Sexual Abuse of a Child – A series of acts of sexual abuse committed against a child over time.
15. Attempted First Degree Murder – Involves the attempt to intentionally and premeditatedly kill a minor.
16. Sex Trafficking – Encompasses broader aspects of trafficking for sexual purposes, involving minors.
17. Manufacturing Methamphetamine Under Circumstances that Cause Physical Injury to a Minor – Involves the production of methamphetamine in environments that result in harm to children.
18. Bestiality – As prescribed in ARS § 13-1411, subsection A, paragraph 2, involves sexual acts between humans and animals, particularly involving minors.
19. Luring a Minor for Sexual Exploitation – Includes actions intended to attract minors for sexual activities.
20. Aggravated Luring a Minor for Sexual Exploitation – More severe forms of luring minors for sexual purposes, involving deception or coercion.
21. Unlawful Age Misrepresentation – Involves falsely representing one’s age to engage in or solicit minors for sexual activities.
22. Unlawful Mutilation – The act of causing serious physical harm or disfigurement to a minor.
23. Sexual Extortion – As prescribed in ARS § 13-1428, involves coercing minors into sexual acts through threats or blackmail.

What are Potential Prison Sentence Lengths

The penalties for “Dangerous Crimes Against Children” under ARS § 13-705 are severe and vary based on the specific offense and circumstances. Here are the potential prison sentence lengths for these crimes:

1. Natural Life Sentences
   • For adults convicted of a dangerous crime against children in the first degree involving commercial sexual exploitation of a minor or child sex trafficking, if previously convicted of a similar offense, the sentence is life imprisonment without the possibility of parole, commutation, or release.
2. Life Imprisonment
   • For sexual assault of a minor who is twelve years of age or younger, or sexual conduct with a minor who is twelve years of age or younger, the sentence is life imprisonment. Release is possible only after serving thirty-five years, or if the sentence is commuted.
3. Severe Offenses (First Degree)
   • For attempted first-degree murder, sexual assault, or sexual conduct with a minor under twelve, or manufacturing methamphetamine causing injury to a minor under twelve:
     • Minimum: 13 years
     • Presumptive: 20 years
     • Maximum: 27 years
4. Second Degree Murder
   • For second-degree murder of a minor under fifteen:
     • Minimum: 25 years
     • Presumptive: 30 years
     • Maximum: 35 years
5. Crimes Involving Minors Aged Twelve to Fourteen
   • For crimes like attempted first-degree murder, sexual assault, taking a child for prostitution, and others:
     • Minimum: 13 years
     • Presumptive: 20 years
     • Maximum: 27 years
   • For those with a prior felony:
     • Minimum: 23 years
     • Presumptive: 30 years
     • Maximum: 37 years
6. Other Crimes and Sentencing
   • For aggravated assault, molestation, and child abuse:
     • Minimum: 10 years
     • Presumptive: 17 years
     • Maximum: 24 years
   • For those with a prior felony:
     • Minimum: 21 years
     • Presumptive: 28 years
     • Maximum: 35 years
7. Lesser Offenses and Sentencing
   • For crimes like luring a minor for sexual exploitation:
     • Minimum: 5 years
     • Presumptive: 10 years
     • Maximum: 15 years
   • For those with a prior felony:
     • Minimum: 8 years
     • Presumptive: 15 years
     • Maximum: 22 years
8. Sexual Abuse and Bestiality
   • For sexual abuse or bestiality involving a minor:
     • Minimum: 2.5 years
     • Presumptive: 5 years
     • Maximum: 7.5 years
   • For those with a prior felony:
     • Minimum: 8 years
     • Presumptive: 15 years
     • Maximum: 22 years
9. Continuous Sexual Abuse of a Child
   • Minimum: 39 years
   • Presumptive: 60 years
   • Maximum: 81 years
   • For those with a prior felony:
     • Minimum: 69 years
     • Presumptive: 90 years
     • Maximum: 111 years

Are There Collateral Consequences I Should Worry About? 

Convictions for “Dangerous Crimes Against Children” not only result in severe prison sentences but also carry significant collateral consequences that can impact various aspects of an individual’s life. Here are some of the most common collateral consequences:

▶Sex Offender Registration

Individuals convicted of crimes against children are required to register as sex offenders. This registration is often for life and involves regular check-ins with law enforcement, as well as restrictions on where the individual can live and work.

▶Loss of Civil Rights

Convicted individuals may lose several civil rights, including the right to vote, serve on a jury, and own firearms. These rights can sometimes be restored, but the process is complex and varies by state.

▶Employment Challenges

Finding and maintaining employment becomes significantly more challenging. Many employers conduct background checks, and a conviction for a crime against children often disqualifies individuals from many types of jobs, especially those involving contact with children or vulnerable populations.

▶Housing Restrictions

There are strict restrictions on where convicted sex offenders can live. They are often prohibited from living near schools, parks, playgrounds, and other areas where children are likely to be present. This can severely limit housing options and lead to frequent relocations.

▶Social Stigma and Isolation

The social stigma associated with being a convicted sex offender can lead to isolation from family, friends, and the community. Relationships may suffer, and the individual may face harassment or violence from others who are aware of their criminal record.

▶Restrictions on Travel

Convicted individuals may face restrictions on their ability to travel, both within the United States and internationally. Some countries deny entry to individuals with certain criminal convictions, and domestic travel can be limited by parole or probation conditions.

▶Ineligibility for Certain Licenses

Professional and occupational licenses can be revoked or denied, making it difficult to pursue careers in fields such as healthcare, education, and law. This can result in a significant loss of livelihood and career opportunities.

▶Impact on Family and Custody Rights

A conviction can affect family relationships and parental rights. Convicted individuals may lose custody of their children, and family court judges may impose restrictions on visitation rights. This can lead to strained family dynamics and long-term emotional consequences for both the convicted individual and their children.

Top 10 Frequently Asked Questions

① What is ARS § 13-705?

ARS § 13-705 is a statute in Arizona that defines “Dangerous Crimes Against Children” (DCAC). It lists specific offenses committed against minors under the age of fifteen and imposes severe penalties on convicted individuals, often including life imprisonment without the possibility of parole​.

② Who can be charged under ARS § 13-705?

Any adult aged eighteen or older, or a person tried as an adult, who commits one of the enumerated dangerous crimes against a minor under fifteen years old can be charged.

③ What are some examples of dangerous crimes against children?

Examples include second-degree murder, aggravated assault, sexual assault, molestation of a child, sexual conduct with a minor, commercial sexual exploitation, and child sex trafficking​.

④ What is the minimum sentence for a dangerous crime against children?

The minimum sentences vary based on the specific crime and the offender’s prior criminal history. For many offenses, the minimum sentence starts at 10 years, but it can go up to 25 years or more for severe crimes like second-degree murder or repeat offenses​.

⑤ Are life sentences mandatory for all dangerous crimes against children?

No, life sentences are not mandatory for all offenses. However, certain crimes, such as sexual assault of a minor under twelve or repeated commercial sexual exploitation of a minor, may result in mandatory life imprisonment without parole​.

⑥ Can a person convicted under ARS § 13-705 ever be released early?

Early release options are extremely limited. Generally, individuals must serve their full sentence. In some cases, release is possible after serving a significant portion of the sentence, typically 35 years, under strict conditions.

⑦ What collateral consequences can result from a conviction?

Collateral consequences include mandatory sex offender registration, loss of civil rights (such as voting and firearm ownership), employment difficulties, housing restrictions, and social stigma. These consequences can have a lifelong impact beyond the prison sentence​.

⑧ Can convictions under ARS § 13-705 be appealed?

Yes, convictions can be appealed. However, the appeals process is complex and requires strong legal representation. Grounds for appeal can include procedural errors, insufficient evidence, or constitutional violations during the trial​​.

⑨ What defenses can be used against charges under ARS § 13-705?

Common defenses include lack of intent, mistaken identity, false accusations, and insufficient evidence. An experienced criminal defense attorney can evaluate the specifics of the case to build a strong defense strategy​.

⑩ How important is it to have legal representation in these cases?

A knowledgeable attorney can thoroughly review the facts of the case to identify weaknesses in the prosecution’s evidence and build a robust defense strategy. They ensure that the defendant’s rights are protected throughout the legal process, from arrest to trial and beyond. In some cases, an attorney may negotiate plea deals that can result in reduced charges or lighter sentences.