Sexual Abuse Laws in Arizona

Without a doubt, sexual abuse charges are one of the most horrific accusations you can ever face. It can adversely affect your reputation, career, and family. A conviction can result in serving time in prison and registering as a sex offender for life. Most defendants believe they will be acquitted because the accuser does not have witnesses or physical evidence to support their story. However, all the prosecutor needs are the victim’s words to convict you. At Phoenix Criminal Attorney, we recognize that sex crimes are won by thorough preparation using experience and skills. We can collect and analyze evidence to fight for your rights and freedom and achieve a favorable case outcome.

Legal Definition of Sexual Abuse

ARS 13-1404 is the Arizona statute that makes sexual abuse a crime.

You violate this law when you:

• Knowingly or intentionally make sexual contact with an individual who is at least 15 years, and
• Act so without their consent.

You can also be convicted of this offense if:

• You make sexual contact with a minor below 15, and
• Your sexual activity only involves the female breast.

According to ARS 13-1404, sexual contact happens when:

• You directly or indirectly fondle, manipulate, or touch the female breast, anus, or genitals, and
• You act so using an object, your body part, or causing the victim to participate in the contact.

Although the alleged victim’s age plays a significant role in determining the sexual crime’s nature, the perpetrator’s age is immaterial.

Defining Consent

Sexual abuse occurs when sexual contact happens without consent. It happens when you take measures to prevent the victim from resisting.

“Without consent” can be any of the following:

• You pressurized the victim through an immediate application or threatened application of force against them or their asset.
• The victim could not offer consent due to defects or disorders due to medication or narcotics, alcohol, sleep, mental incapacities, or any form of cognitive impairment you know or should be reasonably aware of. Regarding ARS 13-1404, mental disorder or incapacity is when the alleged victim does not understand the sexual nature of your conduct or cannot refuse to engage in the behavior.
• You intentionally misled the alleged victim.
• You intentionally misled the alleged victim to believe you were their spouse.

In Arizona, the age of consent is eighteen years. That means anyone below 18 cannot legally consent to sexual contact with a minor or an adult.

Penalties, Consequences, and Sentencing

A sexual abuse conviction is a Class 2 felony. It carries a maximum of two years and a half in prison. Please note that incarceration time can enhance if factors like a previous felony conviction exist.

If the alleged victim is below 15 years, the judge will convict you of dangerous crimes against children (ARS 13-705). It is also a Class 3 felony punishable by $150,000 in fines and court costs and serving time in prison.

If the crime involved a minor, the defendant should:

• Register as a sex offender under ARS 13-3821, and
• Be placed on the sex offender registry.

Sometimes defendants commit sexual abuse against adults while simultaneously breaking domestic violence laws. In this case, the accused is guilty of domestic violence and sexual abuse.

1. Sex Offender Registry

A sex offender registry maintains records of individuals studying, living, or working in Arizona with a previous sex crime conviction. The Arizona Department of Public Safety maintains the database.

The registry aims to:

Notify the public of the sex offender’s location, and

Allow the police to monitor the sex offender.

If accused of a sex offense, you must register as a sex offender if you are:

• Sentenced, or
• Found not guilty due to sanity.

You should fulfill your registration requirement within 10 days of the conviction. Following the release, the Department of Corrections will submit your records to the sheriff of the country where you plan to live alongside the Department of Public Safety.

You should make the registration in person and submit the following details:

• Electronic fingerprints.
• Online usernames, identifies, and email addresses.
• Names and aliases.
• A current photo.
• Blood samples.
• Your mailing address.

The cost of your initial registration is $250. You should also re-register annually following the first registration. Re-registering entails confirming the details you provided in the initial registration. Typically, sex offenders should continue re-registering annually for the rest of their lives.

If you change your name or move, you should update your information in the database by informing your county sheriff within three working days. You should send it by mail and in person. It would be best if you also issued the sheriff of the county from which you are moving a written notice.

Moreover, the Motor Vehicle Department (MVD) gives the defendant a special driver’s license. You should renew your driver’s license and photo annually.

Different Sex Offenders Levels

Sex offenders are classified into the following three categories:

1. Level 1.
2. Level 2.
3. Level 3.

Your sexual offender assessment screening will determine your tier. The risk assessment will consider the following when determining the risk level:

1. Previous criminal record.
2. The number and gender of alleged victims.
3. Your relationship with the victim.
4. Case facts, including whether you used force.
5. Drug or alcohol use.
6. Your employment history.
7. Whether you suffer from a mental health condition or the IQ.
8. Discernable sexual conduct like pedophilia, fetishes, or voyeurism.
9. Your conduct while detained.
10. People can access details for Tier 2 and Tier 3 sexual offenders in the sex offender database. Also,  Tier 1 sex offenders’ information will be available if they are convicted of committing continuous sexual abuse or sexual abuse to minors below 12.

Sex offender details that the public can access include:

1. Their name.
2. Their address.
3. Their age.
4. A current photo.
5. The alleged offense.
6. Their sex offender level.

When registered sex offenders are released from state prison or relocate, the police should inform the community of their presence. The notification degree depends on your sex offender’s tier.

As a Tier 1 sex offender, law enforcement officers will keep your criminal record. They can notify the individuals living in the same residence as you. For Tier 3 and Tier 2 sex offenders, law enforcers will distribute a flier to the local community, schools, and employers. The police can also post the notification online and print it in local newspapers.

Consequences of Failing to Comply With Your Sexual Offender Requirements

Failing to register, update information, or renew registration is an offense in Arizona.

Failing to register is a Class 4 felony that carries a one-year prison sentence.

On the other hand, failing to re-register is a Class 6 felony. The crime carries the following potential penalties:

• Four months to two years in state prison.
• An additional $250 assessment.

2. Collateral Consequences of a Sexual Abuse Conviction

Collateral consequences are additional penalties you will face after you have been charged or convicted of an offense. Some consequences are apparent after the arrest, while others occur long after your conviction.

Common collateral consequences that sexual abuse defendants face include the following:

• Loss of the current job.
• Challenges to secure housing.
• Inability to secure future employment.
• Adverse immigration consequences.
• Loss of the right to vote.

It is essential to understand the magnitude of your collateral consequences and build the strongest defense possible for your case to avoid conviction.   

How to Fight the Criminal Charges

Your experienced sex crime defense lawyer should carefully collect and analyze evidence to build your defense. Some of the common defense strategies to beat Arizona sexual abuse charges include:

You had the Alleged Victim’s Consent

Sexual abuse presumes that sexual abuse happens without the victim’s consent. If you present evidence demonstrating that the alleged victim agreed to the sexual contact, it is a legal defense against the allegations.

Demonstrating consent can be tricky. For instance, if you were previously in a romantic relationship with the victim, you can use this information to prove your sexual contact was consensual. It creates a “he said, she said” situation. Therefore, you will require direct proof of consent, like voice recordings and text messages.

You can also try using the accuser’s sexually promiscuous past to support consent for prior sexual conduct. Regrettably, painting the accuser in a bad light could backfire with the jury.

Nonetheless, consent does not apply as a legal defense if:

• The alleged victim was fifteen, sixteen, or seventeen years during the crime, and
• You were in a position of trust.

A "position of trust" means any individual who is or was one of the following:

• The child’s parent, adoptive parent, foster parent, stepparent, or legal guardian.
• The minor child’s teacher.
• The child’s priest or clergyman.
• The minor’ instructor or coach.

There Was No Sexual Motivation

The law states that you can raise a legal defense that your conduct lacked sexual motivation. You can argue that while you committed the sex crime, you accidentally made sexual contact with another person.

You are Falsely Accused

There are numerous reasons a person can falsely accuse you of this crime. It could be an individual seeking revenge, like your ex attempting to have the upper hand in divorce proceedings or a child custody battle. It could also be a case where the sex was consensual, and now the other party has regrets. Alternatively, the second party could be trying to conceal their extramarital affair, or it is a case of mistaken identity.

Related Offenses

Discussed below are crimes that are often charged alongside or instead of sexual abuse:

Sexual Assault

You violate ARS 13-1406 (rape law) when:

• You deliberately and knowingly engage in oral sexual contact or sexual intercourse with somebody else, and
• Do so without their consent.

The crime is a Class 2 felony that attracts at least seven years in prison. The defendant could also face life imprisonment if their conduct involved the infliction of a severe physical injury.

Aggravated Assault

You are guilty of violating ARS 13-1204 when:

• You commit an assault on a person, and
• There exist aggravating factors.

Typical aggravating factors include:

• Causing physical injuries.
• Using a deadly weapon.
• Assault against a minor below 15.
• Committing assault after entering the victim’s private home.

You also break this statute when you assault a peace officer or law enforcer.

The crime is a dangerous felony, and specific penalties depend on the case facts. A Class 2 felony is the most severe form of aggravated assault, punishable by a maximum of five years in prison. On the other hand, Class 6 is the least serious, carrying a year in state prison.

Public Sexual Indecency

You break ARS 13-1403 when you engage in sexual contact, sexual intercourse, bestiality, or oral sex in the presence of somebody else with a reckless disregard for whether the person would be offended.

The crime is a Class 1 misdemeanor with a maximum six-month jail sentence. However, the crime becomes a Class 5 felony punishable by one year and six months in prison if you commit it in front of a minor below 15.

What to Do If Charged with Sexual Abuse

You can take several steps to help fight your sexual abuse criminal charges.

Some of the steps to take before the prosecutor files the criminal charges include:

• Hiring an experienced criminal defense attorney.
• Not speaking with the police without your lawyer present.
• Not talking to parties involved in your case.

All sex crime suspects stand to benefit from taking these steps. By not assisting in your investigation process and protecting your rights, you lay the ground for a favorable case outcome should you be charged with the crime.

Retain a Criminal Defense Attorney

It is a myth that seeking legal representation is a sign of guilt. Instead, retaining an attorney shows that you are serious and realistic about your future. Innocent individuals are always convicted. Even being arrested for a sex crime has life-altering consequences, and an attorney can protect you against unfortunate outcomes.

Typically, sex offenses are prosecuted and thoroughly investigated by criminal prosecutors and police detectives working as a team. The prosecution is trained in investigation methods, interviewing techniques of victims, and related disciplines of medicine, psychiatry, and psychology.

Alleged victims, especially minors, are often interviewed by forensic psychiatrists or psychologists as part of the investigation.

Due to the nature of sexual abuse crimes, it is essential to work with an experienced defense attorney with a background in sex offense prosecution and courtroom experience. It will help you level the playing field with the prosecutor.

Also, sex crime attracts a lot of media and community attention. During the trial, you will be asked numerous uncomfortable questions about your personal life and past sexual history. When a lawyer represents you, they guide you:

• on how to remain calm,
• what to expect during the trial, and
• how to answer the questions.

Do Not Speak With the Police

The first thing the police will do after receiving a report of sexual abuse is speaking with the suspect. The investigator can achieve the contact in different ways, including:

• The investigators coming to your business or home to discuss the allegations they have received
• An uncontrolled phone call where the law enforcers record you and attempt to see whether you can incriminate yourself
• Controlled phone calls from a police station where the victim will confront you with sexual abuse charge to see whether you will admit or deny committing the crime

Please note that the police will use any incriminating statement you voluntarily make while out of police custody against you. It is particularly true whether you know your comments are incriminating or not. Some of the ways you can incriminate yourself without knowing include:

• Confessing to having been in a specific location at a particular time.
• Confessing that you used a given electronic device can permit the police to pinpoint the gadget’s location.
• Admitting to engaging in a seemingly innocent activity like an “accidental” touch that sounds sinister.
• Confessing to having exclusive access to a specific device can allow law enforcement officers to seize the gadget and reconstruct your search history and determine your location.

The police will tell you that speaking with them will help you. Nonetheless, the truth is that the law enforcers are collecting evidence to build a criminal case against you.

Do Not Speak With Any Person Involved in Your Case

It would help if you did not talk with anyone involved in the crime, including witnesses and the alleged victim.

Engaging in a conversation increases the chances of saying something incriminating. The police will interview all parties involved, and poorly phrased comments can become evidence against you.

Find an Accomplished Sex Crime Defense Attorney Near Me

If you have been charged with sexual abuse, you risk serving time, losing your job, and suffering character damage resulting from the arrest. To increase your chances of getting the criminal charges dropped or reduced, turn to the aggressive and diligent sex crime defense lawyers at Phoenix Criminal Attorney. You can discuss your situation with us, knowing that we will respect your privacy and do everything to protect your name and future. Do not hesitate to contact us at 602-551-8092 to schedule your free case evaluation.