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, 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.
  • A dangerous crime against children (DCAC) means that a person under 15 years of age was a victim of any of the following:
  1. Sexual assault
  2. Molestation
  3. Sexual conduct
  4. Commercial sexual exploitation
  5. Sexual abuse
  6. Taking a child for the purpose of prostitution
  7. Prostitution
  8. Sex trafficking
  9. Bestiality

Penalties for Sexual Conduct with a Minor in Arizona

For charges of sexual conduct of a child / alleged victim that is 15 to 17 years of age, this is a class six felony and has a range of punishments of the following:

  • Probation with zero (0) days in jail up to one (1) year in jail, or four (4) months in prison to two (2) years in prison for a first offense.
  • If the person has one (1) allegeable historical prior conviction, then the “prison only” range is nine (9) months to two and three quarters (2.75) years in prison.
  • If the person has two (2) allegeable historical prior convictions, then the “prison only” range is two and one quarter (2.25) to five and three quarters (5.75) years of incarceration.

If the alleged victim is between the ages of 12 and 14, this is a Class 2 Felony and carries the following punishments:

  • The Judge can sentence the defendant to 13 years minimum in prison; 20 years presumptive in prison; and 27 years in prison maximum.
  • If the defendant is convicted of two counts, then by law the Judge must “stack” or run these charges “consecutive”. This means the range of punishment now becomes 26 years minimum; 40 years presumptive; and 54 years maximum in prison (day-for-day prison time).
  • If the defendant has previously been convicted of a predicate offense, (any Dangerous Crime Against a Child, or other crimes) the range of punishment is a minimum of 23 years, presumptive 30 years, and maximum 37 years incarceration.

If the child is 12 years of age or younger, then the judge has only two sentence choices:

  • 20 years in prison, or 35 years to life in prison! Again, this must run “consecutive” with any other DCAC charge.

A conviction will also require you to Register as a Sex Offender for the rest of your life! Additionally, you are not allowed to have any contact with anyone under the age of eighteen (18) (this includes your own children), without going through numerous testing procedures and with the consent of your probation officer.

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.

Miranda Rights Violation

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.

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