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13-1401. Definitions
In this chapter, unless the context otherwise requires:
- "Oral sexual contact" means oral contact with the penis, vulva or anus.
- "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.
- "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 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.
13-1402. Indecent exposure; exception; classification
- A person commits indecent exposure if he or she exposes his or her genitals or anus or she exposes the areola or nipple of her breast or breasts and another person is present, and the defendant
is reckless about whether the other person, as a reasonable person, would be offended or alarmed by the act.
- Indecent exposure does not include an act of breast-feeding by a mother.
- Indecent exposure to a person who is fifteen or more years of age is a class 1 misdemeanor. Indecent exposure to a person who is under fifteen years of age is a class 6 felony.
13-1403. Public sexual indecency; public sexual indecency to a minor; classifications
- A person commits public sexual indecency by intentionally or knowingly engaging in any of the following acts, 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:
- An act of sexual contact.
- An act of oral sexual contact.
- An act of sexual intercourse.
- An act of bestiality.
- A person commits public sexual indecency to a minor if the person intentionally or knowingly engages in any of the acts listed in subsection A and such person is reckless about whether a minor
under the age of fifteen years is present.
- Public sexual indecency is a class 1 misdemeanor. Public sexual indecency to a minor is a class 5 felony.
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13-1404. Sexual abuse; classifications
- A person commits sexual abuse by intentionally or knowingly engaging in sexual contact with any person fifteen or more years of age without consent of that person or with any person who is under
fifteen years of age if the sexual contact involves only the female breast.
- Sexual abuse is a class 5 felony unless the victim is under fifteen years of age in which case sexual abuse is a class 3 felony punishable pursuant to section 13-604.01.
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13-1405. Sexual conduct with a minor; classifications
- 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 13-604.01. 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 the minor's parent, stepparent, adoptive parent, legal guardian
or foster parent 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.
13-1406. Sexual assault; classification; increased punishment
- 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, and the person convicted shall be sentenced pursuant to this section and the 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 by the court has been served or commuted. If the victim
is under fifteen years of age, sexual assault is punishable pursuant to section 13-604.01. The presumptive term may be aggravated or mitigated within the range under this section pursuant to
section 13-702, subsections B, C and D. If the sexual assault involved the intentional or knowing administration of flunitrazepam, gamma hydroxy butyrate or ketamine hydrochloride without the
victim's knowledge, the presumptive, minimum and maximum sentence for the offense shall be increased by three years. The additional sentence imposed pursuant to this subsection is in addition
to any enhanced sentence that may be applicable. The term for a first offense is as follows:
Minimum
5.25 years |
Presumptive
7 years |
Maximum
14 years |
| The term for a defendant who has one historical prior felony conviction is as follows: |
Minimum
7 years |
Presumptive
10.5 years |
Maximum
21 years |
| The term for a defendant who has two or more historical prior felony convictions is as follows: |
Minimum
14 years |
Presumptive
15.75 years |
Maximum
28 years |
- The sentence imposed on a person for a sexual assault shall be consecutive to any other sexual assault sentence imposed on the person at any time.
- Notwithstanding sections 13-604 and 13-604.01, if the sexual assault involved the intentional or knowing infliction of serious physical injury, the person may be sentenced to life imprisonment and 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 at least twenty-five years
have been served or the sentence is commuted. If the person was at least eighteen years of age and the victim was twelve years of age or younger, the person shall be sentenced pursuant to section 13-604.01,
subsection A.
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13-1407. Defenses
- It is a defense to a prosecution pursuant to sections 13-1404 and 13-1405 involving a minor if the act was done in furtherance of lawful medical practice.
- It is a defense to a prosecution pursuant to sections 13-1404 and 13-1405 in which the victim's lack of consent is based on incapacity to consent because the victim was fifteen, sixteen or seventeen
years of age if at the time the defendant engaged in the conduct constituting the offense the defendant did not know and could not reasonably have known the age of the victim.
- It is a defense to a prosecution pursuant to section 13-1402, 13-1404, 13-1405 or 13-1406 if the act was done by a duly licensed physician or registered nurse or a person acting under the physician's or
nurse's direction, or any other person who renders emergency care at the scene of an emergency occurrence, the act consisted of administering a recognized and lawful form of treatment that was reasonably
adapted to promoting the physical or mental health of the patient and the treatment was administered in an emergency when the duly licensed physician or registered nurse or a person acting under the
physician's or nurse's direction, or any other person rendering emergency care at the scene of an emergency occurrence, reasonably believed that no one competent to consent could be consulted and that
a reasonable person, wishing to safeguard the welfare of the patient, would consent.
- It is a defense to a prosecution pursuant to section 13-1404 or 13-1405 that the person was the spouse of the other person at the time of commission of the act. It is not a defense to a prosecution
pursuant to section 13-1406 that the defendant was the spouse of the victim at the time of commission of the act.
- It is a defense to a prosecution pursuant to section 13-1404 or 13-1410 that the defendant was not motivated by a sexual interest. It is a defense to a prosecution pursuant to section 13-1404 involving
a victim under fifteen years of age that the defendant was not motivated by a sexual interest.
- It is a defense to a prosecution pursuant to section 13-1405 if the victim is fifteen, sixteen or seventeen years of age, the defendant is under nineteen years of age or attending high school and is
no more than twentyfour months older than the victim and the conduct is consensual.
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13-1410. Molestation of child; classification
- 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 under
fifteen years of age.
- Molestation of a child is a class 2 felony that is punishable pursuant to section 13-604.01.
13-1416. Admissibility of minor's statement; notice
- Except as otherwise provided in title 8, a statement made by a minor who is under the age of ten years describing any sexual offense or physical abuse performed with, on or witnessed by the minor, which
is not otherwise admissible by statute or court rule, is admissible in evidence in any criminal or civil proceeding if both of the following are true:
- The court finds, in an in camera hearing, that the time, content and circumstances of the statement provide sufficient indicia of reliability.
- Either of the following is true:
- The minor testifies at the proceedings.
- The minor is unavailable as a witness, provided that if the minor is unavailable as a witness, the statement may be admitted only if there is corroborative evidence of the statement.
- A statement shall not be admitted under this section unless the proponent of the statement makes known to the adverse party his intention to offer the statement and the particulars of the statement sufficiently
in advance of the proceedings to provide the adverse party with a fair opportunity to prepare to meet the statement.
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13-1417. Continuous sexual abuse of a child; classification
- A person who over a period of three months or more in duration engages in three or more acts in violation of section 13-1405, 13-1406 or 13-1410 with a child under fourteen 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 section 13-604.01.
- To convict a person of continuous sexual abuse of a child, the trier of fact shall unanimously agree that the requisite number of acts occurred. The trier of fact does not need to agree on which acts
constitute the requisite number.
- Any other felony sexual offense involving the victim shall not be charged in the same proceeding with a charge under this section unless the other charged felony sexual offense occurred outside the time
period charged under this section or the other felony sexual offense is charged in the alternative. A defendant may be charged with only one count under this section unless more than one victim is involved. If
more than one victim is involved, a separate count may be charged for each victim.
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13-1418. Sexual misconduct; behavioral health professionals; classification
- A behavioral health professional licensed pursuant to title 32, chapter 33 or a psychiatrist or psychologist licensed pursuant to title 32, chapter 13, 17 or 19.1 commits sexual misconduct by intentionally
or knowingly engaging in sexual intercourse with a client who is currently under the care or supervision of the licensed behavioral health professional, psychiatrist or psychologist.
- Sexual misconduct by a licensed behavioral health professional, psychiatrist or psychologist is a class 6 felony.
- This section does not apply to any act of sexual conduct that occurs between a licensed behavioral health professional, psychiatrist or psychologist and a client after the client has completed a course of
treatment or if the client is not under the care of the licensed behavioral health professional, psychiatrist or psychologist.
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13-1419. Unlawful sexual conduct; correctional facilities; classification; definition
- A person commits unlawful sexual conduct by 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 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:
- Is employed by the state department of corrections or the department of juvenile corrections.
- Is employed by a private prison facility or a city or county jail.
- Contracts to provide services with the state department of corrections, the department of juvenile corrections, a private prison facility or a city or county jail.
- Is an official visitor, volunteer or agency representative of the state department of corrections, the department of juvenile corrections, a private prison facility or a city or county jail.
- This section does not apply to a person who is employed by the state department of corrections, a private prison facility or a city or county jail or who contracts to provide services with the state department
of corrections, a private prison facility or a city or county jail or an offender who is on release status if the person was lawfully married to the prisoner or offender on release status before the prisoner or
offender was sentenced to the state department of corrections or was incarcerated in a city or county jail.
- Unlawful sexual conduct with an offender under fifteen years of age is a class 2 felony. Unlawful sexual conduct with an offender between fifteen and seventeen years of age is a class 3 felony. All other
unlawful sexual conduct is a class 5 felony.
- For the purposes of this section, "any act of a sexual nature":
- Includes the following:
- Any completed, attempted, threatened or requested touching of the genitalia, anus, groin, breast, inner thigh, pubic area or buttocks with the intent to arouse or gratify sexual desire.
- Any act of exposing the genitalia, anus, groin, breast, inner thigh, pubic area or buttocks with the intent to arouse or gratify sexual desire.
- Any act of photographing, videotaping, filming, digitally recording or otherwise viewing, with or without a device, a prisoner or offender with the intent to arouse or gratify sexual desire, either:
- While the prisoner or offender is in a state of undress or partial dress.
- While the prisoner or offender is urinating or defecating.
- Does not include an act done pursuant to a bona fide medical exam or lawful internal search.
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13-1420. Sexual offense; evidence of similar crimes; definition
- If the defendant is charged with committing a sexual offense, the court may admit evidence that the defendant committed past acts that would constitute a sexual offense and may consider the bearing this evidence
has on any matter to which it is relevant.
- This section does not limit the admission or consideration of evidence under any court rule.
- For the purposes of this section, "sexual offense" means any of the following:
- Sexual abuse in violation of section 13-1404.
- Sexual conduct with a minor in violation of section 13-1405.
- Sexual assault in violation of section 13-1406.
- Sexual assault of a spouse if the offense was committed before the effective date of this amendment to this section.
- Molestation of a child in violation of section 13-1410.
- Continuous sexual abuse of a child in violation of section 13-1417.
- Sexual misconduct by a behavioral health professional in violation of section 13-1418.
- Commercial sexual exploitation of a minor in violation of section 13-3552.
- Sexual exploitation of a minor in violation of section 13-3553.
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13-1421. Evidence relating to victim's chastity; pretrial hearing
- Evidence relating to a victim's reputation for chastity and opinion evidence relating to a victim's chastity are not admissible in any prosecution for any offense in this chapter. Evidence of specific
instances of the victim's prior sexual conduct may be admitted only if a judge finds the evidence is relevant and is material to a fact in issue in the case and that the inflammatory or prejudicial nature
of the evidence does not outweigh the probative value of the evidence, and if the evidence is one of the following:
- Evidence of the victim's past sexual conduct with the defendant.
- Evidence of specific instances of sexual activity showing the source or origin of semen, pregnancy, disease or trauma.
- Evidence that supports a claim that the victim has a motive in accusing the defendant of the crime.
- Evidence offered for the purpose of impeachment when the prosecutor puts the victim's prior sexual conduct in issue.
- Evidence of false allegations of sexual misconduct made by the victim against others.
- Evidence described in subsection A shall not be referred to in any statements to a jury or introduced at trial without a court order after a hearing on written motions is held to determine the admissibility of
the evidence. If new information is discovered during the course of the trial that may make the evidence described in subsection A admissible, the court may hold a hearing to determine the admissibility of the
evidence under subsection A. The standard for admissibility of evidence under subsection A is by clear and convincing evidence.
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13-1423. Violent sexual assault; natural life sentence
- A person is guilty of violent sexual assault if in the course of committing an offense under section 13-1404, 13-1405, 13-1406 or 13-1410 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 under
this chapter or any offense committed outside this state that if committed in this state would constitute a sexual offense under this chapter.
- Notwithstanding sections 13-604 and 13-604.01, a person who is guilty of a violent sexual assault shall be sentenced to life imprisonment and the court shall order that the person not be released on
any basis for the remainder of the person's natural life.
Disclaimer: These are the statutes as they read on October 30, 2008 on the Arizona State Legislature's website. Each year the Arizona State Legislature changes some of the
criminal laws. Generally (but not always), the criminal law (statute) that is in place on the date of offense is the law that applies to the case. To find the most current version of the
statute go to the Arizona State Legislature's website (http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=13)
Phoenix lawyer John Rock has successfully defended sex crime cases in Maricopa County Superior Court.
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