Accused of Sexual Conduct with a Minor in Arizona - ARS 13-1405

Penalties for Sexual Contact with Someone Under the Age of 18

The penalties for engaging in sexual conduct with a minor in Arizona vary depending on the circumstances of the case. Generally, these crimes are classified as either “dangerous crimes against children” (DCAC) or non-DCAC offenses and will all will require the person to register as a sex offender.

Continue to read below on the different levels of punishments for charges of sex with a minor or child molestation.

For non-DCAC offenses, the penalties depend on the age difference between the accused and the minor.

If you are charged with intentionally or knowingly engaging in sexual intercourse or criminal sexual conduct of a minor with someone under eighteen years of age but who is at least 15 years of age, a conviction is a Class 6 felony.

For a first offense, you will face the following penalties:

• Up to 1 year in jail with up to lifetime probation
• Prison from 4 months up to 2 years
• A fine of up to $150,000
• Mandatory sex offender registration

If you are convicted of a second offense with one prior felony that can be alleged, you will face the following penalties:

• Prison from 9 months up to 2.75 years
• A fine of up to $150,000
• Mandatory sex offender registration

If you are convicted of this offense when you have two previous felonies that can be alleged, you will face the following penalties:

• Prison from 2.25 up to 5.75 years
• A fine of up to $150,000
• Mandatory sex offender registration

For DCAC Offenses, the Penalties are More Severe:

If the victim was under the age of 15 but at least 12 years old, sexual conduct with a minor is a Class 2 felony and is punishable as a Dangerous Crime Against Children. If you are convicted of this crime as a first offense, you will face the following potential penalties:

• A minimum prison sentence of 13 years
• A presumptive prison sentence of 20 years
• A maximum prison sentence of 27 years
• A fine of up to $150,000
• Mandatory sex offender registration

As a Dangerous Crime Against Children, you will have to serve all of your prison sentences and will not be eligible for early release. You can be charged and convicted of separate offenses for each act of sex with a minor.

If you are convicted of multiple counts, the judge is required to stack your charges, which means that you will be forced to serve the prison sentences for each count consecutively.

Even for a first offense involving a minor who is at least 12 to 14, this means that you could face a maximum of 54 years in prison if you are convicted of two counts, for example.

If you are convicted of sexual conduct with a minor aged 12 to 14 and have a predicate felony on your record, you will face the following penalties:

• A minimum prison sentence of 23 years
• A presumptive prison sentence of 30 years
• A maximum prison sentence of 37 years
• A fine of up to $150,000
• Mandatory sex offender registration

If you are convicted of more than one count, you will have to serve your sentences consecutively. You will also be ineligible for early release and will have to serve your entire prison sentence.

Penalties for DCAC Offenses with Alleged Victim Under 12 Years Old:

The stakes are even higher if the alleged victim is under the age of 12. If you are convicted of a first offense involving a victim younger than 12, you will face the following felony charges:

• A presumptive 20-year sentence or;
• From 35 years up to life in prison
• A fine of up to $150,000
• Mandatory sex offender registration if you are ever released from prison

Like other DCACs, a conviction of multiple counts will require you to serve your sentences consecutively, and you will not be eligible for early release from prison. These are known as “life-enders”.

Sexual Conduct with a Minor vs. Child Molestation

While sexual conduct with a minor and child molestation both involve illegal sexual activity with minors, there are key differences between the two offenses. Sexual conduct with a minor, as defined by ARS 13-1405, focuses on the act of engaging in sexual conduct with a person under the age of 18. This can include intercourse, oral sex, or any other direct or indirect touching of the genitals, anus, or female breast for sexual gratification.

Child molestation, on the other hand, is a class 2 felony governed by ARS 13-1410 and involves engaging in, or causing someone to engage in, sexual contact with a child 15 years old or younger. Sexual contact is defined more broadly than sexual intercourse or oral sexual contact and includes any direct or indirect touching of a minor’s private parts with the intent to arouse or satisfy the sexual desires of either party.

Sexual contact with any person does not require you to have engaged in intercourse or oral sex and can include any touching, manipulation, or fondling of the alleged victim’s anus or genitals with your genitals, hands, or an object.

The penalties for child molestation also differ from those for sexual conduct with a minor, typically resulting in longer prison sentences and more severe consequences upon conviction.

Additional Charges Related to Sexual Conduct with a Minor

In addition to sexual conduct with a minor, there are several other charges that can be brought against someone accused of engaging in illegal sexual activity with a minor. These can include:

• Sexual assault (ARS 13-1406): Unlawful sexual penetration without consent, which can result in severe penalties if the victim is a minor.
• Sexual exploitation of a minor (ARS 13-3553): Involves creating, distributing, or possessing sexually explicit material involving a minor.
• Luring a minor for sexual exploitation (ARS 13-3554): Communicating with a minor with the intent to engage in sexual conduct or exploitation.
• Contributing to the delinquency of a minor (ARS 13-3610): Encouraging a minor to engage in illegal activities, which can include sexual conduct.

These additional charges can further complicate a case and result in even more serious consequences for the accused.

Defenses to Allegations of Sexual Misconduct with a Minor

Facing allegations of sexual conduct with a minor can be a daunting experience. However, an experienced criminal defense lawyer from CHM Law can help you build a robust defense against these charges. Potential defenses may include:

• Mistaken identity: Claiming that the accused individual is not the person who engaged in the alleged sexual conduct.
• Lack of intent: Arguing that the accused did not knowingly engage in sexual conduct with a minor, as required by ARS 13-1405.
• False allegations: Presenting evidence that the alleged victim fabricated the accusations, possibly due to coercion, manipulation, or a desire for revenge.
• Age of consent: In some cases, the defense may argue that the alleged victim was of the age of consent (16 or older in Arizona) at the time of the alleged conduct, and the accused had a reasonable belief that the victim was of legal age.

Each case is unique, and the specific defense strategy will depend on the circumstances surrounding the allegations.

By working with an expert defense lawyer from Colburn Hintze Maletta, you can ensure that your rights are protected and that you have the best possible chance of a favorable outcome in your case.

ARS 13-1407 provides several additional defenses to a charge of sexual conduct with a minor:

• Legitimate medical practice: If sexual contact occurred as part of a legal medical practice, it can be used as a defense.
• Unaware of the victim’s age: If the victim was aged 15 to 17, and the defendant did not know or reasonably could not have known that they were underage, and the victim otherwise consented, this can be used as a defense. This situation often occurs when a person lies about their age before engaging in sexual activity.
• Marital status: If the alleged victim was the spouse of the accused, it can be used as a defense.

Additionally, the Romeo and Juliet laws in Arizona can be used as a defense. Under these laws, the accused can defend against a charge of sexual conduct with a minor if:

• The alleged victim otherwise consented.
• The alleged victim was aged 15 to 17.
• The accused was still in high school or under the age of 19, as long as they are no more than two years older than the alleged victim.

Other potential defenses include:

• False accusations: Asserting that the accused was falsely accused.
• Alibi: Demonstrating that the accused could not have committed the offense because they were somewhere else at the time it was committed.
• Faulty eyewitness identification: Arguing that the accused did not know the victim and was identified through an unreliable eyewitness identification procedure.
• Inconclusive or improperly obtained DNA evidence: Challenging the validity of DNA evidence presented against the accused.
• Insufficient evidence of sexual conduct: Arguing that the alleged conduct did not involve penetration, masturbatory contact, or oral contact.
• Coerced confession: Asserting that the accused made a confession under duress.

Your sex crimes attorney at Colburn Hintze Maletta will thoroughly analyze your case to identify the best defense strategies to employ.