Sex Crimes in Phoenix

Sex Crimes in Arizona

Trafficking

Under A.R.S. § 13-1307 (A), it is unlawful for a person to knowingly traffic another person who is 18 year of age or older with either of the following:

  1. The intent to cause the other person to engage in any prostitution or sexually explicit performance by deception, force or coercion.
  2. The knowledge that the other person will engage in any prostitution or sexually explicit performance by deception, coercion or force.

Under A.R.S § 13-1307 (B), it is also unlawful for a person to traffic another person under 18 years of age with either of the following:

  1. The intent to cause the other person to engage in any prostitution or sexually explicit performance.
  2. The knowledge that the other person will engage in any prostitution or sexually explicit performance.

A person who engages in sex trafficking is guilty of a class 2 felony. However, if the person being trafficked is under 15, the trafficker commits a dangerous crime against children punishable under the harsher requirements of § 13-705. Sentencing for any felony crime varies depending on the circumstances of the crime and the criminal history of the Defendant.

Public Sexual Indecency

Under A.R.S. § 13-1403, a person commits public sexual indecency by intentionally or knowingly engaging in an act of sexual conduct, oral sexual contact, sexual intercourse, or bestiality, if another person is present, and the defendant is reckless about whether such other person, as a reasonable person, would be offended or alarmed by the act. Public sexual indecency is a class 1 misdemeanor. If the aforementioned sex acts are committed in reckless disregard to the presence of a minor, public sexual indecency is a class 5 felony. A class 1 misdemeanor carries a maximum sentence of six months in jail, up to $2,500 in fines before surcharges, and up to three years of probation. Sentencing for a felony violation varies depending on the circumstances of the crime and the criminal history of the Defendant.

Sexual Abuse

Under A.R.S. § 13-1404, a person commits sexual abuse by intentionally or knowingly engaging in sexual contact with any person who is 15 or more years of age without consent of that person or with any person who is under 15 years of age if the sexual contact involves only the female breast. Sexual abuse is a class 5 felony unless the victim is under 15 years of age in which case sexual abuse is a class 3 felony punishable pursuant to the harsher requirements of § 13-705. Sentencing for a felony violation varies depending on the circumstances of the crime and the criminal history of the Defendant.

Sexual Conduct with a Minor

Under A.R.S. § 13-1405, A person commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person who is under 18 years of age. Sexual conduct with a minor who is under 15 years of age is a class 2 felony and is punishable pursuant to § 13-705. Sexual conduct with a minor who is at least fifteen years of age is a class 6 felony. Sexual conduct with a minor who is at least 15 years of age is a class 2 felony if the person is or was in a position of trust. Sentencing for a felony violation varies depending on the circumstances of the crime and the criminal history of the Defendant.

Under A.R.S. § 13-1406, a person commits sexual assault by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent of such person. Sexual assault is a class 2 felony. Sentencing for sexual assault is imposed pursuant to § 13-1406 (B) and depends on the circumstances of the incident and the prior criminal history of the Defendant.

Adultery

Under A.R.S. § 13-1408, a married person who has sexual intercourse with another than his or her spouse, and an unmarried person who has sexual intercourse with a married person not his or her spouse, commits adultery and is guilty of a class 3 misdemeanor. When the act is committed between parties only one of whom is married, both shall be punished. However, adultery will not be prosecuted unless a complaint is filed by the husband or wife. A class 3 misdemeanor carries a maximum sentence of 30 days in jail, up to $500 in fines before surcharges, and up to one year of probation.

Unlawful Sexual Conduct; adult probation

Under A.R.S. 13-1409, an adult probation department employee or juvenile court employee commits unlawful sexual conduct if the employee knowingly coerces the victim to engage in sexual contact, oral sexual contact or sexual intercourse by either threatening to negatively influence the victim’s supervision or release status or offering to positively influence the victim’s supervision or release status. Unlawful sexual conduct with a victim who is under 15 years of age is a class 2 felony. Unlawful sexual conduct with a victim who is at least 15 years of age and under 18 years of age is a class 3 felony. All other unlawful sexual conduct is a class 5 felony. Sentencing for any felony violation varies depending on the circumstances of the incident and the criminal history of the Defendant.

Molestation of a Child

Under A.R.S. § 13-1410, a person commits molestation of a child by intentionally or knowingly engaging in or causing a person to engage in sexual contact, except sexual contact with the female breast, with a child who is under 15 years of age. Molestation of a child is a class 2 felony, punishable pursuant to the stricture punishments of § 13-705. Specific sentencing for the molestation of a child depends on the circumstances of the incident and the criminal history of the Defendant.

Bestiality

Under A.R.S. § 13-1411, a person commits bestiality by knowingly engaging in oral sexual contact, sexual contact or sexual intercourse with an animal or causing another person to engage in oral sexual contact, sexual contact or sexual intercourse with an animal. Bestiality is generally a class 6 felony. However, a person who causes another person under 15 years of age to engage in sexual contact with an animal is guilty of a class 3 felony. Sentencing for any felony violation varies depending on the circumstances of the incident and the criminal history of the Defendant. In addition to any penalty imposed for a Bestiality conviction, the court may order that the convicted person undergo a psychological assessment and participate in appropriate counseling at the convicted person’s own expense and/or reimburse an animal shelter for any reasonable costs incurred for the care and maintenance of any animal that was taken to the animal shelter as a result of the sexual act.

Unlawful Sexual Conduct; peace officers

Under A.R.S. § 13-1412, a peace officer commits unlawful sexual conduct by knowingly engaging in sexual contact, oral sexual contact or sexual intercourse with any person who is in the officer’s custody or a person who the officer knows or has reason to know is the subject of an investigation. Unlawful sexual conduct with a victim who is under 15 years of age is a class 2 felony. Unlawful sexual conduct with a victim who is at least 15 years of age but less than 18 years of age is a class 3 felony. All other unlawful sexual conduct is a class 5 felony. Felony sentencing varies depending on the circumstances of the incident and the criminal history of the Defendant.

Continuous Sexual Abuse of a Child

Under A.R.S. § 13-1417, a person who over a period of three months or more in duration engages in three or more illegal sexual acts with a child who is under 14 years of age is guilty of continuous sexual abuse of a child. Continuous sexual abuse of a child is a class 2 felony and is punishable pursuant to § 13-705.

Sexual misconduct; behavioral health professionals

Under A.R.S. § 13-1418, a licensed behavioral health professional, psychiatrist or a licensed psychologist commits sexual misconduct by intentionally or knowingly engaging in sexual intercourse with a client who is currently under their care or supervision. Sexual misconduct by a licensed behavioral health professional, psychiatrist or psychologist is a class 6 felony. Felony sentencing varies depending on the circumstances of the incident and the criminal history of the Defendant.

Unlawful Sexual Conduct; correctional facilities

Under A.R.S § 13-1419 (A), a person commits unlawful sexual conduct by intentionally or knowingly engaging in any act of a sexual nature with an offender who is in the custody of the state department of corrections, the department of juvenile corrections, a private prison facility, a juvenile detention facility or a city or county jail or with an offender who is under the supervision of either department or a city or county. For the purposes of this subsection, “person” means a person who:

  1. Is employed by the state department of corrections or the department of juvenile corrections
  2. Is employed by a private prison facility, a juvenile detention facility or a city or county jail
  3. Contracts to provide services with the state department of corrections, the department of juvenile corrections, a private prison facility, a juvenile detention facility or a city or county jail
  4. Is an official visitor, volunteer or agency representative of the state department of corrections, the department of juvenile corrections, a private prison facility, a juvenile detention facility or a city or county jail

Unlawful sexual conduct with an offender who is under 15 years of age is a class 2 felony. Unlawful sexual conduct with an offender who is between 15 and 17 years of age is a class 3 felony. All other unlawful sexual conduct is a class 5 felony. Sentencing for a felony violation varies depending on the circumstances of the offense and the criminal history of the Defendant.

Violent Sexual Assault

Under A.R.S. § 13-1423, a person is guilty of violent sexual assault if in the course of committing sexual abuse, sexual conduct with a minor, sexual assault or child molestation, the offense involved the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or involved the intentional or knowing infliction of serious physical injury and the person has a historical prior felony conviction for a sexual offense or any offense committed outside this state that if committed in this state would constitute a sexual offense. A person who is guilty of a violent sexual assault is sentenced to life imprisonment without the possibility for early release under any circumstances.

Voyeurism

Under A.R.S. § 13-1424, it is unlawful to:

  1. Knowingly invade the privacy of another person without the knowledge of the other person for the purpose of sexual stimulation
  2. Disclose, display, distribute or publish a photograph, videotape, film or digital recording that is made in violation of A without the consent or knowledge of the person depicted

A violation of A or B is a class 5 felony. However, a violation of B is a class 4 felony if the person depicted is recognizable. Sentencing for a felony violation varies depending on the circumstances of the incident and the prior criminal history of the Defendant.

Unlawful distribution of images

Under A.R.S. § 13-1425, it is unlawful to intentionally disclose, display, distribute, publish, advertise or offer a photograph, videotape, film or digital recording of another person in a state of nudity or engaged in specific sexual activities if the person knows or should have known that the depicted person has not consented to the disclosure. An unlawful distribution of images is a class 5 felony. However, the violation is a class 4 felony if the depicted person is recognizable. Sentencing for a felony violation varies depending on the circumstances of the incident and the prior criminal history of the Defendant.

Public display of sexual materials

Under A.R.S. § 13-3507, it is unlawful for any person to knowingly place explicit sexual material upon public display or knowingly fail to take prompt action to remove such a display from property in his possession or under his control after learning of its existence. Public display of sexual materials is a class 6 felony. Felony sentencing varies depending on the circumstances of the incident and the criminal history of the Defendant.

Commercial Sexual exploitation of a minor

Under A.R.S. § 13-3552, a person commits commercial sexual exploitation of a minor by knowingly:

  • Using, employing, persuading, enticing, inducing or coercing a minor to engage in or assist others to engage in exploitive exhibition or other sexual conduct for the purpose of producing any visual depiction or live act depicting such conduct.
  • Using, employing, persuading, enticing, inducing or coercing a minor to expose the genitals or anus or the areola or nipple of the female breast for financial or commercial gain.
  • Permitting a minor under the person’s custody or control to engage in or assist others to engage in exploitive exhibition or other sexual conduct for the purpose of producing any visual depiction or live act depicting such conduct.
  • Transporting or financing the transportation of any minor through or across this state with the intent that the minor engage in prostitution, exploitative exhibition or other sexual conduct for the purpose of producing a visual depiction or live act depicting such conduct.
  • Using an advertisement for prostitution as defined in section 13-3211 that contains a visual depiction of a minor.

Commercial sexual exploitation of a minor is a class 2 felony. Sentencing for a class 2 felony varies depending on the circumstances of the incident and the prior criminal history of the Defendant. If the minor is under 15 years of age, the crime is punishable pursuant to harsher requirements of § 13-705.

Sexual exploitation of a minor

Under A.R.S. § 13-3553, a person commits sexual exploitation of a minor by knowingly recording, filming, photographing, developing or duplicating any visual depiction in which a minor is engaged in exploitative exhibition or other sexual conduct or distributing, transporting, exhibiting, receiving, selling, purchasing, electronically transmitting, possessing or exchanging any visual depiction in which a minor is engaged in exploitative exhibition or other sexual conduct. Sexual exploitation of a minor is a class 2 felony and if the minor is under 15 years of age it is punishable pursuant to § 13-705. Sentencing for felony violations varies depending on the circumstances of the incident and the criminal history of the Defendant.

Luring a minor for sexual exploitation

Under A.R.S. § 13-3554, a person commits luring a minor for sexual exploitation by offering or soliciting sexual conduct with another person knowing or having reason to know that the other person is a minor. Luring a minor for sexual exploitation is a class 3 felony. Sentencing for a felony violation varies depending on the circumstances of the incident and the criminal history of the Defendant. If the minor is under 15 years of age, the crime is punishable pursuant to the harsher requirements of § 13-705.

Admitting minors to public displays of sexual conduct

Under A.R.S. § 13-3558, it is unlawful for an owner, operator or employee to admit a person under the age of eighteen into any business establishment where persons, in the course of their employment expose their genitals or anus or the areola or nipple of the female breast. An owner, operator or employee who admits a person to an establishment without evidence of the person’s age as required in section 4-241, subsection A is deemed to have constructive knowledge of the person’s age. A person who violates this section is guilty of a class 6 felony. Sentencing for a class 6 felony depends on the circumstances of the incident and on the previous criminal history of the Defendant.

Aggravated luring a minor for sexual exploitation

Under A.R.S. § 13-3560, a person commits aggravated luring a minor for sexual exploitation if the person does both of the following:

  • Knowing the character and content of the depiction, uses an electronic communication device to transmit at least one visual depiction of material that is harmful to minors for the purpose of initiating or engaging in communication with a recipient who the person knows or has reason to know is a minor
  • By means of the communication, offers or solicits sexual conduct with the minor. The offer or solicitation may occur before, contemporaneously with, after or as an integrated part of the transmission of the visual depiction

Aggravated luring a minor for sexual exploitation is a class 2 felony, and if the minor is under 15 years of age, it is punishable pursuant to section 13-705, subsection D. Sentencing for any felony violation varies depending on the circumstances of the incident and the criminal history of the Defendant.

If you have been charged with a sex crime in Arizona, contact us today for a free consultation.

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