Sexual Conduct With a Minor
The Crime of Sexual Conduct with a Minor in Arizona, A.R.S. 13-1405.
Sexual conduct with a minor in Arizona, A.R.S. 13-1405, is engaging in sexual intercourse or oral sexual contact with someone under eighteen years old.
Sexual intercourse is penetration into the penis, vulva or anus by any part of the body or by any object or masturbatory contact with the penis or vulva.
Oral sexual contact means contact with the penis, vulva or anus with the mouth.
A dangerous crime against children in the first degree is a completed offense. If it is a preparatory offense, then it is in the second degree.
Arizona criminal defense attorney Brian DiPietro has successfully represented many clients who had been charged with sexual offenses. His success is a result of his 37 years of criminal law both as a prosecutor and defense counsel. He is familiar with the case law applicable to the charge of sexual conduct with a minor and is able to use this knowledge combined with his aggressive tough approach to defending his clients that have resulted in the favorable resolution of the crime of sexual conduct with a minor for his clients.
A dangerous crime against children means that a person under fifteen years of age was a victim of any of the following:
- Sexual assault
- Sexual conduct
- Commercial sexual exploitation
- Sexual abuse
- Taking a child for the purpose of prostitution
- Sex trafficking
Penalties for the Crime of Sexual Conduct with a Minor in Arizona, A.R.S. 13-1405
It is a class 2 felony to commit the crime of sexual conduct with a minor when the person is under fifteen years old.
When the minor is under fifteen years old then the crime of sexual conduct with a minor is a class 2 felony punishable as a dangerous crime against children pursuant to A.R.S.§13-705.
If the person is at least fifteen years old then sexual conduct with a minor is a class 6 felony.
Defenses to the Crime of Sexual Conduct with a Minor in Arizona, A.R.S. 13-1405.
It is a defense to the crime of sexual conduct with a minor in Arizona, A.R.S. 13-1405, when the conduct was by consent, and that the defendant did not know nor was it reasonable to believe that the victim was fifteen, sixteen or seventeen years old at the time. An example is an adult meets a person who is sixteen years old but appears to be older, such as nineteen years old, and engages in consensual sex with the individual. Another situation arises when the youth looks to be an adult and tells the defendant that she is eighteen years old but actually is only fifteen years old. If the defendant has no reason to believe the person is a minor then lack of knowledge of age is a defense.
It is a defense to A.R.S. 13-1405, that a victim's lack of consent is based on incapacity to consent because the victim was fifteen, sixteen or seventeen years of age if at the time the defendant engaged in the conduct constituting the offense the defendant did not know and could not reasonably know the age of the victim.
It is a defense to A.R.S. 13-1405, that the person was a spouse of the other person at the time of the commission of the act.
It is a defense of the victim is fifteen, sixteen or seventeen years of age or attending high school and is no more than 24 months older than the victim and the conduct is consensual.
Brian DiPietro Law PLLC Arizona's Tough Experienced Aggressive Sexual Offense Lawyer
Contact Brian DiPietro Law PLLC today for a free case evaluation about your pending sexual conduct with a minor case in Arizona. Brian DiPietro is an experienced, tough, aggressive Phoenix criminal defense attorney who will work hard to fight the charges against you to achieve the most favorable outcome for your particular sexual conduct with a minor charge. Contact now Brian DiPietro Law PLLC at 623-242-2655 for a free confidential case evaluation about your sexual conduct with a minor charge in Arizona