Defenses to Sex Crimes Charges in Arizona - Law Offices of John Rock, PC
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Sex Crimes Charges in Arizona in Arizona

13-1407.  Defenses

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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 twenty-four months older than the victim and the conduct is consensual.

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)

The Law Offices of John Rock, PC has successfully defended sex crime cases in the Phoenix, Arizona area.

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10645 N. Tatum Blvd, #200-151, Phoenix, Arizona 85028
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Laws in Arizona Sex Crimes Charges