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Sex Offenses

Beware of the serious consequences of committing any of the following sex offenses in the State of Arizona:

In the State of Arizona, a person under 18 years old CANNOT consent to engage in sexual conduct (A.R.S. § 13-1401).

Under Arizona law, sexual conduct is when a person intentionally or knowingly engages in sexual intercourse or oral sexual contact with a person under 18 years of age. Sexual conduct with a minor that is 15, 16, or 17 years of age is class 6 felony but it can be elevated depending on circumstances (e.g., position of trust). Sexual conduct with a minor under fifteen years of age is a class 2 felony. (A.R.S. § 13-1405)

It is a defense to a prosecution of (A.R.S. §13-1405) if the victim is 15, 16, or 17 years of age and the defendant is under 19 or attending high school and is no more than 24 months older than the victim and conduct is consensual. (A.R.S. § 13-1407(F))

If you are a juvenile, and the victim is under 15 years, the county attorney has the discretion to bring adult charges against you (A.R.S. § 13-501(B)(2)). If the victim is 15 years or older, the county attorney has the option of asking a judge to allow him to bring adult charges against you.

If a person in a position of trust (examples include parent, stepparent, adoptive parent, legal guardian, foster parent, teacher, clergyman, or priest) engages in sexual conduct with a victim that is 15, 16, or 17 years old, the person will be charged with a class 2 felony with mandatory prison time and the convicted person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed has been served or commuted. (A.R.S. §13-1405 (B))

Sexual assault is when a person intentionally or knowingly engages in sexual intercourse or oral sexual contact with any person without consent of such a person and is a class 2 felony. In Arizona, a person under the age of 18 years old cannot consent to sexual intercourse or oral sexual contact. A first time offense can lead to significant mandatory prison time. (A.R.S. §13-1406)

Sexual abuse is intentionally or knowingly engaging in sexual contact with any person 15 years of age of older without consent of that person or with any person which is under 15 years of age if the sexual contact involves only the female breast. If the victim is 15 years or older it is a class 5 felony. If the victim is under 15 years of age, it is an even more serious class 3 felony. (A.R.S. § 13-1404)

Serious sex offenses can require or allow juveniles to be tried as adults, especially for forcible sexual assault. If a juvenile is at least 14 years of age or older and commits a class 3 or higher felony sex offense, the juvenile may be tried as an adult. If a juvenile is 15 years of age or older and commits forcible sexual assault, the juvenile will automatically be tried in adult court. (A.R.S. § 13-501(A)(3)) Many of these offenses can require sex offender registration, which is a major long-term consequence.

If you need help, call one of these crisis hotlines:

  • Child Help USA Hotline 800-422-4453
  • Child Protective Services 888-SOS-CHILD or 888-767-2445
  • Pregnancy Hotline 800-848-5683
  • Youth Crisis Hotline 800-448-4663

 

Laws may have changed since the last time this article was updated. The current and most up-to-date laws can be accessed here.