Phoenix Sex Crimes Attorney

Sexual assault in Arizona is defined under ARS §13-1406. This offense may be more commonly known as rape and involves engaging in sexual acts with a person without their consent. These acts include sexual intercourse as well as oral sexual contact. Under this statute, sexual assault is typically considered a Class 2 felony in Arizona. 

For a first offense, the minimum prison sentence is 5.25 years, the presumptive sentence is 7 years, and the maximum is 14 years. Penalties for sexual assault increase with the presence of one or more historical priors. 

Here are some more important things to know about sexual assault in Arizona:  

• If the act involved the intentional and knowing administration of a “date rape drug,” the minimum, maximum, and presumptive sentences are all increased by three years. 
• If the sexual assault involved the intentional or knowing infliction of serious bodily harm, the imposed sentence may increase to life imprisonment without the possibility of probation or parole until at least 25 years have been served.
• If the offender was 18 years or older and the victim was 12 years or younger, the crime would be charged under the Arizona Dangerous Crimes Against Children statute.
• Under ARS §13-1423, the use of a deadly weapon in the commission of the offense is an aggravating factor that enhances the offense to violent sexual assault, which is punished by life imprisonment with no possibility of release.

Under ARS §13-140, sexual abuse in Arizona occurs when someone intentionally or knowingly engages in sexual conduct with another person without his or her consent. You may be charged with sexual abuse in Phoenix if the victim was 15 years or older or if the victim was 14 years or younger and the sexual contact only involved the female breast. (If the victim is 14 or younger and the conduct involves the genitals or anus, it is considered child molestation rather than sexual abuse.)

If the alleged victim is 15+ years, the offense is considered a Class 5 felony in Arizona, but if the victim is below the age of 15, it is a Class 3 felony.

ARS §13-1405 covers sexual conduct with a minor in Arizona, also known as “statutory rape.” Arizona defines this act as intentionally or knowingly engaging in sexual intercourse or oral sexual contact with someone who is under Arizona’s age of consent, which is 18 years old. If the victim was 15 and older, it it typically charged as a Class 6 felony, but for minors under the age of 15, charges increase to a Class 2 felony.

Sexual misconduct in Arizona, as found under Arizona Revised Statutes §13-1418, involves misconduct by a behavioral health professional, such as a psychologist or psychiatrist. Behavioral health professionals may not legally engage in sexual relations unless the physician-patient relationship has been dissolved. This is a class 6 felony in Arizona.

Arizona law covering child molestation can be found under ARS §13-1410. According to this statute, child molestation occurs when an offender intentionally or knowingly engages or causes someone to engage in sexual contact, except sexual contact with a female breast (see sexual abuse charges above), with a child who is under fifteen years old. 

In this context, sexual contact means any touching or fondling of the child’s genitals or anus by any body part or object or otherwise causing them to do so. If you’re charged with child molestation in Phoenix, you face a Class 2 felony conviction.

Child pornography charges in Arizona are technically considered “sexual exploitation of a minor.” According to ARS §13-3553, this is defined as a person knowingly filming, recording, photographing, or duplicating any depiction of a minor participating in sexual acts. Distributing, possessing, and transmitting sexually explicit material is also covered under the law, as is possessing, manufacturing, selling, or purchasing a child sex doll. 

his crime is typically considered a Class 2 felony, but a child porn sentence in Arizona carries enhanced penalties if the minor is younger than 15 years old. These charges are very serious and require the help of an experienced Phoenix child pornography defense lawyer to mitigate the potential penalties.

ARS §13-3554 covers online solicitation of a minor in Arizona, or as it’s legally called “luring a minor for sexual exploitation.” A person may be charged with this crime if they try to engage in sexual relations with someone they know or should know is a minor. It doesn’t matter if the person they’re talking to isn’t actually a minor; they can still be prosecuted.

Luring a minor for sexual exploitation is considered a serious crime, classified as a Class 3 felony in Arizona. If the minor is under 15 years old, the punishment is even more severe.

Arizona’s voyeurism law can be found under ARS §13-1424, which defines voyeurism as unlawfully and knowingly invading the privacy of another person without that person’s consent and for the purpose of sexual stimulation. Privacy is considered invaded if:

• The person doesn’t expect to be recorded.
• The recording happens while the person is undressed, engaged in sexual activity, using the bathroom, or shows private parts not visible to the public.

It is also illegal to share or publish any recordings taken while invading another person’s privacy and without their consent. This is generally a Class 5 felony, but if the person is recognizable in the recording, it is considered a Class 4 felony in AZ.

Under ARS §13-1402, exposing the genitals, anus, or a woman’s breast (with the exception of breastfeeding) is considered the crime of indecent exposure in Arizona. This holds true particularly when the defendant commits the act knowing that someone would be offended or alarmed. 

Indecent exposure to someone 15 years old or older is considered an Arizona Class 1 misdemeanor. If the act involved a victim under the age of 15, or if the defendant has two or more historical priors, it is elevated to a Class 6 felony. If the defendant has two or more felony convictions for indecent exposure specifically and the victim is under 15, it is further increased to a Class 3 felony in Arizona. Depending on the severity of the offense, a conviction can lead to anywhere between 6 months in jail and 15 years in prison.

Public sexual indecency and indecent exposure are similar in nature, but they are not the same under Arizona law. ARS §13-1403 states that a person commits public sexual indecency in Arizona when, in the presence of another person, the intentionally or knowingly engage in any of the following acts:

• Sexual contact
• Oral sexual contact
• Sexual intercourse
• Bestiality

In general, public sexual indecency is classified as a Class 1 misdemeanor, but if the sexual conduct is performed in the presence of a minor under the age of 15, it is upgraded to a Class 5 felony.

Under ARS §13-3214, it is illegal for anyone in the state of Arizona to engage in prostitution, which is when someone offers or accepts money in exchange for sexual favors. Here’s what happens if you’re convicted of prostitution in Arizona:

• First Offense: If you’re caught and convicted for the first time, you must spend at least 15 days in jail before being eligible for probation or having your sentence reduced.
• Second Offense: For the second conviction, you must spend at least 30 days in jail. Again, you can’t get probation or have your sentence reduced until you’ve served all 30 days.
• Third Offense: A third conviction for prostitution requires at least 60 days in jail and the completion of a court-ordered education or treatment program. 
• Fourth or Subsequent Offense: If you have three or more previous convictions, it becomes a more serious crime: a Class 5 felony. If convicted, you must spend at least 180 days in jail.

People often use the terms “pimping and pampering” synonymously, though Arizona only recognizes the term pandering. As prescribed by ARS §13-3209, pandering involves someone convincing or coercing another person to be a prostitute. 

A person may be found guilty of pandering in Arizona, which is a Class 5 felony, if they  knowingly:

• Place someone in charge or custody of another person for the purpose of prostitution;
• Place someone in a house of prostitution with the intent that they become a prostitute or engage in acts of prostitution;
• Encourage someone to reside with them or with any other person for the purpose of prostitution; or 
• Encourages someone to become a prostitute or engage in an act of prostitution.

Law enforcement agencies are cracking down hard on computer crimes in Arizona, especially those involving sex crimes. Internet sex crimes can include a range of sexual offenses committed over the internet, computer, or digital devices, all of which can have severe legal and personal consequences. These crimes include things like child pornography, (particularly when it involves minors), online solicitation of a minor, and even sexting (see Arizona’s sexting laws here).

Other internet sex crimes include sex trafficking, where victims are coerced or forced into sexual exploitation via online platforms, and cyberstalking, which involves using the internet to harass or threaten someone sexually. These offenses are heavily prosecuted and can result in significant prison sentences, hefty fines, and mandatory registration as a sex offender.