What are the Statute of Limitations for Sex Crimes in Arizona?
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Statute of Limitations per Charge:
- ARS 13-3212 – Child Prostitution or Sex Trafficking
- ARS 13-3553 – Sexual Exploitation of a Minor
- ARS 13-3554 – Luring a Minor for Sexual Exploitation
- ARS 13-1402 – Indecent Exposure
- ARS 13-1403 – Public Sexual Indecency
- ARS 13-1404 – Sexual Abuse
- ARS 13-1405 – Sexual Conduct with a Minor
- ARS 13-1406 – Sexual Assault / Rape
- ARS 13-1410 – Child Molestation
- ARS 13-1428 – Sexual Extortion
- ARS 13-1425 – Unlawful Disclosure of Images
Sex crimes and their consequences differ in every state. There are variances in the definition of the crimes, the reporting standards, and even the statutes of limitation. If you are being accused of a sex crime, however, you should be concerned and made aware of the timeline for the police to charge you.
If you are concerned about a potential charge, or have been contacted by a detective, you need to call us immediately – (602) 825-2500.
The statute of limitations sets the maximum time after an event within which legal proceedings may be initiated. This article will provide a comprehensive overview of how long law enforcement has to press charges for various sexual crimes in Arizona, shedding light on a complex aspect of criminal law.
- A review of the general statute of limitations for sexual assault in Arizona.
- Specific timeframes within which charges must be pressed for crimes involving minors.
- Distinctions between different types of sexual offenses and their respective limitations.
- The implications of these laws for those accused of sexual crimes, emphasizing the need for knowledgeable defense.
In Arizona, sexual assault against a minor or non-consenting adult carries serious implications. Law enforcement officials have a seven-year window to press charges from the time they identify the victim, but this limitation does not apply to the identification of a suspect, which can occur at any time.
For violent sexual assault, including acts involving a child or rape, the statute of limitations is non-existent, meaning charges can be brought forward at any point.
Arizona law, under ARS 13-1406, ARS 13-1405, ARS 13-3553, ARS 13-1410, and ARS 13-1404, sets forth stringent guidelines for offenses such as sexual exploitation of a minor, child molestation, sexual abuse, and other related crimes. It is imperative for defendants to understand these laws, as the penalties are severe and the impact on one’s future can be substantial.
According to the Arizona Department of Public Safety, there were over 3,000 reported offenses of rape alone in the state in 2021, highlighting the critical nature of understanding the statute of limitations in these cases.
What is the Statute of Limitations for Sexual Assault?
Sexual assault involves any unwanted advances on a minor or non-consenting adult. It can even include the rape of a child or other individual.
How Long to Press Charges of Sexual Assault
Officers have 7 years from the time they identify the victim to press charges. The police can identify the suspect at any time, however, without a statute of limitations. Meaning that even if 20 years have passed since the incident occurred, detectives can bring someone on for questioning on suspicion of sexual assault.
What About with a Violent Charge?
You can be charged with violent sexual assault at any time. There is a statute of limitations for this crime.
A violent charge would include sexual assault with a child or rape. If violence is present during an erotic relation with your significant other, you may need a sexual assault defense attorney.
To learn more about the penalties and defenses for this crime, visit this page: Sexual Assault | ARS 13-1406
What is the Statute of Limitations for Sexual Conduct with a Minor?
In Arizona, you can be charged with sexual conduct with a minor if you intentionally have sexual relations with any child under 18 years old. If the victim is under 15 years of age, the individual will face harsher penalties.
How Long to Press Charges of Sexual Conduct with a Minor Under 18?
If the child is between 15 and 16 years old, there is a seven-year statute of limitations. The time comes from when the police discovered the evidence of a crime not from when it occurred.
How Long to Press Charges of Sexual Conduct with a Minor Under 15?
When the child is under 15 years of age, there is no statute of limitations. As soon as you receive a conviction of this crime, be sure to contact sexual conduct with a minor defense lawyer.
To learn more about the penalties and defenses for this crime, visit this page: Sexual Conduct with a Minor | ARS 13-1405
What is the Statute of Limitations for Sexual Exploitation of a Minor or Child Pornography?
Sexual exploitation of a minor occurs when an adult knowingly photographs or films a child engaged in sexual conduct. The possession of or facilitation of child pornography is part of this crime.
How Long to Press Charges of Commercial Sexual Exploitation of a Minor?
If you possess child pornography or take images or videos of a child in sexual misconduct, you will face a class two felony. There is no statute of limitations for this crime.
How Long to Press Charges of Casual Sexual Exploitation of a Minor?
Even if you only share child pornography among friends, you still face a class two felony. Again, this charge does not have a statute of limitations.
To learn more about the penalties and defenses for this crime, visit this page: Sexual Exploitation of a Minor | ARS 13-3553
What is the Statute of Limitations for Child Molestation?
Child molestation is a crime that only involves victims under the age of 15 in Arizona. The defendant would have to have sexual contact, including touching the genitals or anus, for example.
If someone only has contact with a female breast, this specific charge does not apply.
Again, however, if the other two bodily areas have physical contact with an adult, the defendant will commit a Dangerous Crime Against Children.
How Long to Press Charges of Child Molestation?
Since someone charged with child molestation committed a Dangerous Crime Against Children, it is a class two felony. As mentioned throughout, an individual who commits this act can face an arrest at any time.
There is no statute of limitations regarding child molestation in Arizona.
To learn more about the penalties and defenses for this crime, visit this page: Child Molestation | ARS 13-1410
What is the Statute of Limitations for Sexual Abuse
If you are charged with sexual abuse, you will face the accusation of erotic contact with a child under the age of 18.
This crime would involve touching or fondling breasts, genital regions, and the anus.
How Long to Press Charges of Sexual Abuse for a Child Under 18?
If someone abuses a child between the ages of 15 and 18, they will face a class 5 felony. This charge carries a statute of limitations of 7 years from the discovery of the act.
How Long to Press Charges of Sexual Abuse for a Child Under 15?
Sexual abuse of a child under 15 years old is a class 3 felony. Again, there is a statute of limitations of 7 years from when the police find out about the crime.
How Long to Press Charges of Continuous Sexual Abuse of a Minor Under 14?
If the defendant abuses a child under the age of 14, they commit a class 2 felony. This type of crime has no statute of limitations.
To learn more about the penalties and defenses for this crime, visit this page: Sexual Abuse | ARS 13-1404
What is the Statute of Limitations for Sexual Extortion?
Sexual extortion occurs when someone threatens a victim to force them to commit any of the below acts.
- Engage in sexual conduct.
- Allow for pornographic photos.
- Show their genitals, breasts, or anus.
The possible threats include those in the below list.
- Property Damage
- Reputation Damage
- Physical harm
How Long to Press Charges of Sexual Extortion of an Adult?
If charged with sexual extortion, the defendant will face a class three felony. This crime does involve the same 7 years from when the police found out about the crime.
How Long to Press Charges of Sexual Extortion of a Minor?
When a minor is 15 to 18 years old, the defendant will still face a class three felony with a 7-year statute of limitations.
If the child is under 15, there is no time limit as the crime is a class 2 felony.
To learn more about the penalties and defenses for this crime, give us a call immediately at (602) 825-2500.
What is the Statute of Limitations for Indecent Exposure?
Contact an indecent exposure defense attorney if you know someone who exposed themselves to others recklessly. The other party should feel alarmed by the subjection.
How Long to Press Charges of Indecent Exposure to Someone Over 15?
When someone exposes themselves to a victim over the age of 15, they face a class one misdemeanor. These crimes face a statute of limitations of one year.
How Long to Press Charges of Indecent Exposure to a Minor Under 15?
If someone exposes their genitals or anus to a minor under 15 years old, they will have a charge of a class six felony. This crime has a statute of limitations of seven years.
To learn more about the penalties and defenses for this crime, visit this page: Indecent Exposure – ARS 13-1402
What is the Statute of Limitations for Public Sexual Indecency?
Public sexual indecency occurs when an individual engages in any sexual act while in the presence of another person. The other party should feel offended by the behavior.
How Long to Press Charges of Public Sexual Indecency Towards an Adult?
If public indecency occurs in front of an adult, the crime is a class 1 misdemeanor. This charge carries a statute of limitations of one year after discovery.
How Long to Press Charges of Public Sexual Indecency Towards a Minor?
When indecency occurs in front of a minor, it is a class 5 felony. In Arizona, these have a seven-year statute of limitations.
To learn more about the penalties and defenses for this crime, visit this page: Public Sexual Indecency – ARS 13-1403
What is the Statute of Limitations for Unlawful Disclosure of Sexual Pictures or Videos?
Unlawful disclosure of sexual pictures or videos occurs if you or someone you know shows carnal or nude images of other individuals to others. The defendant would have to intend to harass or threaten the victim.
How Long to Press Charges of Physical Disclosure?
If you physically give the images to another individual, you face a class 5 felony. These hold a statute of limitations of seven years.
How Long to Press Charges of Electronic Disclosure?
Electronic disclosure of any images carries a class 4 felony. Again, the time limit on these crimes is seven years.
How Long to Press Charges of Threats to Disclose?
If disclosure never occurs and the defendant only threatens to do so, the crime is a class one misdemeanor. These lowered crimes have a one-year statute of limitations.
What is the Statute of Limitations for Luring a Minor for Sexual Exploitation?
A defendant is charged with luring a minor for sexual exploitation when they solicit carnal relations with a child, knowing they are underage. There is a difference in crime depending on the age of the victim.
How Long to Press Charges of Luring a Minor for Sexual Exploitation?
Luring a child over the age of 15 is a class 3 felony. This act has a 7-year statute of limitations after discovery by the police.
How Long to Press Charges of Aggravated Luring of a Minor for Sexual Exploitation?
Aggravated luring of a minor for sexual exploitation occurs when the victim is under 15 years old. The crime is much more intense and has no statute of limitations.
What is the Statute of Limitations for Kidnapping a Child for Prostitution or Sex Trafficking?
When someone kidnaps a child, they hold them hostage or inflict sexual abuse on them. Sexual trafficking occurs when the perpetrator forces the victim to perform sexual acts through threats of harm or control.
How Long to Press Charges of Kidnapping a Child When Over 15?
If the child is older than 15, the defendant faces a class 2 felony with a statute of limitations of 7 years.
Again, if a violent sexual assault occurs, there is no statute of limitations. If the perpetrator releases the victim without harm, they face a class 4 felony that still has a 7-year statute of limitations.
How Long to Press Charges of Kidnapping a Child Under 15?
Whether the defendant releases the victim or not, when the child is younger than 15, the perpetrator will face a class two felony. Again, there is a 7-year statute of limitations when charged with kidnapping unless there is sexual violence. In this case, no statute of limitations exists.
Get in Contact with Your Defense Attorney
The crimes above each have specific statutes of limitations and consequences associated with them. The sex crime defense lawyers at Colburn Hinzte Maletta have a better understanding of these guidelines to ensure you are ready for your case.
We have effectively and successfully had many pre-charge sex crime charges dropped! If you find yourself being accused of a sex crime and/or are in the pre-charge phase, call us as soon as possible at (602) 825-2500.
Your sex crime attorney will examine all evidence, the circumstances surrounding your arrest, and all details to provide you the best advice for the specific sexual crime.
Timothy Hintze is a well-respected and aggressive trial lawyer having represented clients in courts throughout the state of Arizona. He has litigated hundreds of criminal matters ranging from complex felony cases to misdemeanor offenses, as well as a dedicated advocate for family law clients. Tim was also awarded the distinction of being named a Super Lawyers Rising Star and selected by the National Trial Lawyers Association as a Top 40 Under 40 Attorney.
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