The Arizona legal statutes have very specific, but at the same time wide-reaching definitions for sexual crimes. What follows is Title 13, Chapter 14 of Arizona’s Revised Statutes (ARS), which specifically addresses sex offenses. In Phoenix, sex offenses include a range of subsections, definitions, and sentencing ranges.
It may be helpful for you to review the following statutes in order to gain a better understanding of how Phoenix defines and classifies sexual crimes. This definition chart is not meant to be a substitute for consulting a defense attorney if you are facing any kind of sexual crime charge in Phoenix. Therefore, if you find yourself arrested for a sexual crime in Phoenix, you should immediately seek out a competent, aggressive defense attorney to fight for your rights…
- In this chapter, unless the context otherwise requires:
- "Oral sexual contact" means oral contact with the penis, vulva or anus.
- "Position of trust" means a person who is or was any of the following:
- The minor's parent, stepparent, adoptive parent, legal guardian or foster parent.
- The minor's teacher.
- The minor's coach or instructor, whether the coach or instructor is an employee or volunteer.
- The minor's clergyman or priest.
- Engaged in a sexual or romantic relationship with the minor's parent, adoptive parent, legal guardian, foster parent or stepparent.
- "Sexual contact" means any direct or indirect touching, fondling or manipulating of any part of the genitals, anus or female breast by any part of the body or by any object or causing a person to engage in such contact.
- "Sexual intercourse" means 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.
- "Spouse" means a person who is legally married and cohabiting.
- "Teacher" means a certificated teacher as defined in section 15-501 or any other person who provides instruction to pupils in any school district, charter school or accommodation school, the Arizona state schools for the deaf and the blind or a private school in this state.
- "Without consent" includes any of the following:
- The victim is coerced by the immediate use or threatened use of force against a person or property.
- The victim is incapable of consent by reason of mental disorder, mental defect, drugs, alcohol, sleep or any other similar impairment of cognition and such condition is known or should have reasonably been known to the defendant. For the purposes of this subdivision, "mental defect" means the victim is unable to comprehend the distinctively sexual nature of the conduct or is incapable of understanding or exercising the right to refuse to engage in the conduct with another.
- The victim is intentionally deceived as to the nature of the act.
- The victim is intentionally deceived to erroneously believe that the person is the victim's spouse.
- The following factors may be considered in determining whether a relationship is currently or was previously a sexual or romantic relationship pursuant to subsection A, paragraph 2, subdivision (e) of this section:
- The type of relationship.
- The length of the relationship.
- The frequency of the interaction between the two persons.
- If the relationship has terminated, the length of time since the termination.
Sexual conduct with a minor; classification
- 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.
- Sexual conduct with a minor who is under fifteen years of age is a class 2 felony and is punishable pursuant to section 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 fifteen years of age is a class 2 felony if the person is or was in a position of trust and the convicted person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed has been served or commuted.
Trust Phoenix Criminal Attorney With Your Sexual Crimes Defense in Phoenix
It is essential to consult a defense attorney with extensive knowledge of sexual crimes in Phoenix, and proven experience defending sexual crime cases of all severities. We will not stop fighting for your rights, by making sure that every possible legal option and defense strategy is available to you. If you are facing any kind of sexual crime charge in Phoenix, no matter how severe, contact us today for a private, no obligation consultation at 602-551-8092.