01 Mar Sex Crimes Involving a Minor in Arizona
Sex crimes involving a minor in Arizona are a serious offense. And if charged and convicted, a defendant can face up to 35 years in prison (possibly more depending on the conviction). For this reason, if you’ve been arrested for a sex crime involving a child or feel like you’ve been wrongly accused, call Todd Coolidge Law Firm immediately.
An important thing to understand when considering the punishment for any sex crime against a child is that in Arizona, a child under the age of 15 does not have the legal capacity to give consent for a sexual act. That means that even if the child gives consent, the court will not recognize the consent.
Sex Crimes Involving a Minor are Dangerous Crimes Against Children
Most sex crimes against a minor are considered dangerous crimes against children (DACA) and will be punished as such. Crimes that fall into the DACA category also carry a mandatory full-sentence before being eligible for release and probation, which means 100% of the sentence must be served.
Sexual Conduct with a Minor in Arizona
According to 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 eighteen years of age.
Conviction of sexual conduct with a minor under the age of 15 is considered a class 2 felony in most instances in Arizona. Class 2 felonies are the most severe punishment after murder—a class 1 felony. If the minor is between the ages of 15-17 that drops to a class 6 felony unless the perpetrator was in a position of trust (i.e. a parent or authority figure), in which case it’s considered a class 2 felony.
Sexual Exploitation of a Minor in Arizona
According to 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 exploitive exhibition or other sexual conduct.
- Distributing, transporting, exhibiting, receiving, selling, purchasing, electronically transmitting, possessing or exchanging any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct.
Sexual exploitation of a minor in Arizona is a class 2 felony that is punishable with a minimum of 10 years in prison. The maximum for a conviction of sexual exploitation with a minor can be 35 years or more depending on the circumstances. Due to the nature of the crime, defendants can often be found guilty of multiple charges with penalties that carry consecutively (meaning they can add up to 20, 30 or 40 years in prison).
Child Molestation in Arizona
According to 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 fifteen years of age.
Child molestation in Arizona is considered a class 2 felony that is punishable with up to 35 years in prison.
Call Today for Your Free Consultation
Being charged with sexual conduct with a minor in Arizona or any other sex crime involving a minor can be embarrassing and detrimental to your reputation even if you aren’t convicted. If convicted, you will be required to register as a child sex offender, which we will cover in our next post.
When it comes to sex crimes, time is of the essence. The sooner you hire a certified criminal law specialist, the better your chances for a positive case outcome, especially if you are being falsely accused. Call Todd Coolidge today and schedule your free consultation where we’ll discuss possible defenses against your charge.