Arizona Sex Crime & Laws Overview

Arizona sexual offense charges include both crimes involving sexual contact and those that involve incidents that don’t involve physical contact but do include acts designed for purposes of sexual gratification.

 The following sexual offenses are some of those codified in Arizona’s criminal statutes as charges for sex offenders under Title 13 of the Arizona Revised Statutes: 

• Indecent Exposure, ARS 13-1402 – This offense can be charged if you expose your anus, genitals, or breasts (if female) in front of someone else with a reckless disregard about whether they might be offended. If the victim is 15 or older, it is a class 1 misdemeanor. If they are younger than 15, it is a Class 6 felony. 

• Public Indecency, ARS 13-1403 – Public sexual indecency can be charged if you engage in a sex act (intercourse, oral sex, sexual contact, or bestiality) in someone else’s presence with a disregard about whether they might be offended. If the victim is 15 or older, it is a class 1 misdemeanor. If the victim is younger than 15, public sexual indecency is a Class 5 felony. 

• Sexual Abuse, ARS 13-1404 – Sexual abuse can be charged if you sexually contact a person without consent. It is a Class 5 felony when the victim is 15 or older. If the victim is younger than 15 and the contact involved only the victim’s breast, it is a Class 3 felony punishable as a dangerous crime against children (DCAC). 

• Sexual Conduct with a Minor, ARS 13-1405 – Sexual conduct with a minor involves knowingly engaging in sexual intercourse or oral sex with a person younger than age 18. If the victim is younger than 12, it is a Class 1 felony and a dangerous crime against children (DCAC). If the victim is between the ages of 12 and 15, it is a class 2 felony punishable as a dangerous crime against children. If the victim is 15 to 17, it is a class 6 felony. 

• Sexual Assault, ARS 13-1406 – Sexual assault involves knowingly or intentionally engaging in sexual intercourse or oral sex with any person without consent. It is a class 2 felony, and if the victim is younger than age 15, it is a dangerous crime against children. 

• Molestation of a Child, ARS 13-1410 – Child molestation can be charged if you intentionally or knowingly have any sexual contact with a child younger than 15 other than with the breast or cause someone else to engage in this type of contact with a child. It is a class 2 felony and a dangerous crime against children. 

• Bestiality, ARS 13-1411 – Bestiality can be charged if you engage in sexual intercourse, oral sexual contact, or other sexual contact with an animal or cause someone else to engage in one of these acts. You can also be charged if you possess, transmit, distribute, sell, transport, or exhibit images or videos of people engaging in these types of sex acts with animals. Bestiality is a Class 6 felony when it involves you or someone else engaging in sexual activity with an animal and is a Class 1 misdemeanor if you are charged with images or video. 

• Unlawful Sexual Conduct, ARS 13-1412 – Unlawful sexual conduct involves a correctional officer engaging in sex acts with someone in custody and is a Class 5 felony. If the victim is younger than 15, it is a Class 2 felony. 

• Continuous Sexual Abuse of a Child, ARS 13-1417 – Continuous sexual abuse of a child involves engaging in three or more acts of sexual conduct, sexual assault, or molestation with a child younger than age 14. This offense is a Class 2 felony and is punishable as a dangerous crime against children. 

• Voyeurism, ARS 13-1424 – Voyeurism involves invading another person’s privacy and viewing them, videoing them, or photographing them in a state of undress or while they are engaged in a private activity and have a reasonable expectation of privacy. It is a class 5 felony unless the defendant transmits, exhibits, sells, or distributes photographs or video and the person depicted is recognizable. It is then a Class 4 felony. 

• Sexual Extortion, ARS 13-1428 – Sexual extortion involves threatening someone else to coerce them into engaging in sexual intercourse or sexual contact or to allow their genitalia or breasts (if female) to be videotaped or photographed. It is normally a Class 3 felony but is a Class 2 felony if the victim is younger than 15. 

• Child Enticement, ARS 13-1430 – You can be charged with child enticement if you use an electronic communication device (text messages, private messages, social media, cell phone, etc.) to entice a minor to send explicit photos of their genitals or breasts (if female) or commit any act to entice a child into engaging in sexual contact. It is a Class 5 felony but is a Class 4 felony if you are in a position of trust. 

If you are accused of any of these crimes, reach out to The Guardian Law Group immediately. Don’t wait for the police to arrest you. Accusations short of criminal charges can still wreak havoc on your life and should be promptly addressed.

The penalties for Arizona sex crimes vary based on the severity of the offense and the age of the victim. Only a few sex crimes in Arizona are Class 1 misdemeanors that carry up to six months in jail and maximum fines of up to $2,500.

Most sex crimes are classified as felonies designated as Class 6 to Class 2 by degree of severity.

 Convictions for serious sex crimes can result in years-long prison sentences. If the victim is a minor younger than age 15 or 12, certain offenses can be penalized as dangerous crimes against children with potential sentences that include decades to life in prison.

 Other than first- or second-offense misdemeanor sex crimes convictions for public indecency or indecent exposure, most sex crimes also require people to register as sex offenders under ARS 13-3821.

 Sex offender registration publicizes your name, address, and offense type and might force you to move away from your current residence, depending on how close it is to a school or playground. Depending on the offense of conviction, you might have to register as a sex offender for the rest of your life.

 The criminal penalties for a sex offense are not all that you might face if convicted. Even after you have completed your sentence, you might have ongoing registration requirements and face significant problems trying to find employment or housing or obtaining credit.

 Sex crime accusations can also interfere with your child custody rights and prevent you from having relationships with any children under the age of 18, including your own. A sex conviction can also mean the end of familial and personal relationships and permanently harm your ability to enjoy life.

To try to ensure convictions, prosecutors often stack charges when they charge defendants with sex crimes. This involves charging them with lesser and greater offenses to try to secure a conviction for something.

 In many cases, a prosecutor might stack charges when they don’t have enough evidence to guarantee a conviction for the most serious charge, so they stack other offenses to try to obtain a guilty plea or verdict because of the sheer number of charges and potential penalties.

Sex offenses in Arizona are generally prosecuted as state crimes, but there are some situations under which you could be charged federally. The federal government might prosecute you in one of the following circumstances: 

• Traveling over state lines to commit a sex crime.
• Sexual abuse resulting in death.
• Sexual exploitation of a minor under age 12.
• Sex crimes that occur on federal land or military bases.
• The circumstances of the case are especially heinous and warrant a harsh punishment.
• The offense involves receiving, downloading, distributing, or transmitting child pornography over the internet or across state lines. 

It’s important to note that if you’re charged with a federal sex crime, that doesn’t mean the state prosecutor can’t proceed with a state criminal case against you for the same incident.

Dangerous Crimes Against Children, or DCAC, are offenses against victims younger than age 15 that are considered severe enough to warrant enhanced and aggravated sentencing under ARS 13-705.

 Offenses against minors under age 15 that are sentenced as dangerous crimes against children include: 

• Sexual abuse
• Sexual conduct with a minor
• Sexual assault
• Molestation of a child

 If you are convicted of a DCAC, the sentence you might face could be very lengthy and might be up to life in prison without the possibility of parole, depending on the offense and the victim’s age.

Because of the stigma surrounding sex crime allegations, it’s critical to speak with an experienced sex crimes attorney as soon as you learn about the accusations against you. When you seek the help of a sex crimes defense lawyer quickly or even before you’ve been charged, your attorney can begin investigating the facts and building a solid defense case for you. 

In some cases, an alleged victim might falsely accuse someone of a sexual offense to try to gain an upper hand in a child custody dispute or to retaliate against them for a completely unrelated perceived wrong. 

In these types of situations, your lawyer will thoroughly investigate the alleged victim and the allegations and might review documents from the associated family law case to demonstrate their motivation to falsely accuse you. 

Other potential defenses that might be available include: 

• Mistaken identity
• Consent
• Insufficient evidence
• Lab errors/chain of custody problems for DNA or blood evidence
• Improper questioning/coaching of child victims
• Constitutional violations

Dangerous Crimes Against Children, or DCAC, are offenses against victims younger than age 15 that are considered severe enough to warrant enhanced and aggravated sentencing under ARS 13-705.

 Offenses against minors under age 15 that are sentenced as dangerous crimes against children include: 

• Sexual abuse
• Sexual conduct with a minor
• Sexual assault
• Molestation of a child

 If you are convicted of a DCAC, the sentence you might face could be very lengthy and might be up to life in prison without the possibility of parole, depending on the offense and the victim’s age.

Charges for sex offenders can destroy lives. If you are facing these types of charges or have been accused but not charged yet, you should immediately reach out to the Guardian Law Group. 

We can review your case and start building an aggressive sex crimes defense to protect your freedom and other rights.