Being charged with a sex crime in Arizona is a serious offense that can have life-changing consequences. Prosecutors are aggressive, and a conviction can result in costly fines, probation, monitoring, and long prison sentences. If you or someone you know has been charged with a sex crime in Arizona, you will undoubtedly have questions, the answers for which could have a significant impact on which legal defense strategy you choose to pursue. Below is information regarding common concerns others who have been charged with sex crimes have found helpful in determining the best possible outcome for their case.
Sex crimes cover a broad spectrum of offenses, each with specific definitions that outline crimes associated with various Arizona statutes. Some common types of charges include:
Sexual Assault (Rape) is knowingly or intentionally engaging in sexual conduct with a person without their consent.
Sexual Abuse is described as knowingly or deliberately engaging in sexual contact with someone over the age of 15 without their consent, or engaging in sexual contact with someone under the age of 15 if only the female breast is involved.
Sexual Misconduct is when a person under the supervision of a licensed mental health practitioner, therapist, or psychologist engages in sexual activity with that person knowingly or deliberately.
Child Molesting is when a person deliberately or knowingly engages in sexual contact with a child under the age of fifteen, excluding sexual contact with the female breast. Even when a child claims to be an adult, or when the sexual act does not involve penetration, child molestation can still be charged.
Sexual Conduct with a Minor occurs when a person knowingly or intentionally has oral sexual contact or engages in sexual intercourse with any individual under the age of 18.
Child Pornography is described as any video, picture, or depiction of a person under the age of 18 engaging in a sexual act that is distributed, purchased, sold, downloaded, possessed, or transported.
Indecent Exposure – Except in the case of breastfeeding, indecent exposure involves exposing the genitals, anus, or a woman's breasts, especially if they did so knowing that someone else would be alarmed or offended. This offense can be prosecuted as a misdemeanor or a felony depending on whether the exposure is to an adult or a minor under the age of 15.
Failure to Register occurs when someone who is convicted of a sex crime does not verify their registration or register as a sex offender as required by law.
Prostitution is when a person engages in prostitution as a prostitute, a pimp, or someone hiring a prostitute. This crime can be prosecuted as a felony or misdemeanor, depending on the type of prostitution violation.
Penalties for sex crimes in Arizona vary greatly based on the type of crime committed and aggravating factors. Sex offenses are exceptionally serious and may require mandatory jail or prison time. Some offenses have no statute of limitations, and, regardless of how long it has been since the alleged incident, an individual can still be charged with a serious sex offense. Furthermore, many sex crimes require those convicted to register as a sex offender, which is a public record and severely restricts where you can work or live.
Summarized below are possible penalties for some of the more common sex crimes.
Sexual Assault – Arizona Revised Statute 13-406
Sexual assault charges are a class 2 felony in Arizona. Prison terms range from 5.75 to 14 years to life, depending on the crime's circumstances. However, a person with two or more prior sexual assault convictions can face up to 28 years in prison.
If you are convicted of sexual assault, you are generally not eligible for early release, suspended sentencing, or pardoning. Charges are elevated if the victim is under the age of 15, and sentencing guidelines from Arizona’s Dangerous Crimes Against Children (A.R.S. 13-705) apply if that is the case. Under this circumstance, three additional years in prison are added to the sentence.
Aggravated sentencing guidelines are also imposed if the sexual assault involves administering date-rape drugs without the victim's knowledge or consent. Such drugs may include ketamine hydrochloride, gamma hydroxybutyrate, or flunitrazepam. If the offender intentionally caused severe physical injury, sentencing will range from 25 years to life in prison.
Many people convicted of sexual assault must also pay significant fines and register as sex offenders for the rest of their lives.
Sexual Abuse – Arizona Revised Statute 13-1404
Unless the victim is under 15 years of age, sexual abuse is a class 5 felony. A class 3 felony is charged when the victim is younger than 15-years-old. Penalties for a class 5 felony in Arizona include probation to 2.5 years in prison.
Class 3 felony prison sentences require a minimum of 2.5 years in prison, with the possibility of up to 7.5 years. Sexual abuse is designated in Arizona as a Dangerous Crime Against a Child, so anyone with a prior conviction with this designation increases their prison term to 8 to 22 years. If the victim was under age 18, sexual abuse offenders must also register as a sex offender. A.R.S. 13-705 also has some specific factors that must be proven for a conviction to occur. These elements determine which class felony under which the crime will be categorized.
Child Molesting - Arizona Revised Statute 13-1410
Child molestation is a Class 2 Felony whose penalties also follow A.R.S. 13-705 guidelines. Anyone convicted of child molestation is subject to being placed on lifetime sex offender probation, meaning they must register as a sex offender. Prison sentences can range up to 35 years, and multiple prison sentences will run consecutively, which, in some cases, will result in up to life in prison.
Specific mandatory penalties for child molestation in Arizona include:
Sexual Conduct With A Minor - Arizona Revised Statute 13-1405
There are several degrees of sexual misconduct under Arizona law. Depending on the case's circumstances, an offender will face penalties assigned to whatever degree they were convicted.
Class 2 felony penalties will vary based on the age of both the victim and the offender and, while lesser offenses may result in probation only, more extreme charges run up to 35 years. Class 6 felonies carry a maximum prison term of one year.
Indecent Exposure – Arizona Revised Statute 13-1402
A class 1 misdemeanor is charged for an indecent exposure conviction in Arizona. There is no mandatory jail sentence, but an offender could serve a penalty of up to six months. However, if the victim is under age 15, a class 6 felony is charged, and prison sentencing will range from several months up to two years. Offenders may also be required to register as a sex offender.