Phoenix Sex Crime Lawyer

In addition to the possibility of probation or prison, sex crimes statutes usually require that someone convicted of a sex offense register as a sex offender. Sex offender registration is generally for life, and information on the sex offender registry is made accessible to the public. This means that an employer performing a background check is almost certain to find out if someone is a sex offender. Failure to register as a sex offender is itself a crime.

Sexual Offenses in Arizona

Sexual Conduct with a Minor: Sexual conduct with a minor is the most serious sex offense in Arizona. Under A.R.S. 13-1405, sexual conduct with a minor is defined as intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person who is under eighteen years of age. Oral sexual conduct is self-explanatory, but sexual intercourse is not just penile/vaginal or penile/anal intercourse. Sexual intercourse is defined under A.R.S. 13-1401 as “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.” Digital penetration into the vagina or anus constitutes sexual conduct with a minor.

If you are convicted of sexual conduct with a minor, you face a range of 13, 20, or 27 years in prison. Sexual conduct with a minor under the age of 15 is not probation eligible. A defendant convicted of this crime is also not eligible for early release. That means if you are convicted, a judge cannot sentence you to less than 13 years in prison. If the alleged victim is under 12 years old, you could also be sentenced to life in prison. Because these offenses are so serious, it is important to have an attorney with experience in these types of case. Attorneys at Alcock & Associates have successfully defended these cases. We have won sex cases at trial and secured dismissal of all charges.

Molestation: Molestation is defined under A.R.S. 13-1410 as 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. Sexual contact is defined under A.R.S. 13-1401 as any direct or indirect touching, fondling, or manipulating of any part of the genitals or anus by any part of the body or by any object or causing a person to engage in such contact. This touching can be over or under clothes.

If you are convicted of molestation, the range of sentence is 10, 17, or 24 years in prison. Molestation of a child under the age of 15 is not probation eligible. A defendant convicted of this crime is not eligible for early release. That means if you are convicted, a judge cannot sentence you to less than 10 years in prison. Again, our attorneys have had great success in defending against these serious crimes.

Sexual Assault: Sexual assault is Arizona’s legal term for rape. Under A.R.S. 13-1406, sexual assault is defined as, “intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent of such person.” If convicted, a defendant faces a range of 5.25, 7, or 14 years in prison. This offense is not probation eligible.

The biggest issue in a sexual assault case is consent. If a defendant can prove that the other party consented to the sexual act, then a defendant will be found not guilty at trial. Arizona law defines a lack of consent as any of the following:

1. The victim is coerced by the immediate use or threatened use of force against a person or property.
2. 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.
3. The victim is intentionally deceived as to the nature of the act.
4. The victim is intentionally deceived to erroneously believe that the person is the victim’s spouse

Whether a victim consented to a sexual act usually comes down to testimony. It is important to have an attorney on your side who knows how to question important witnesses, including an alleged victim, at the time of trial.

Sexual Abuse: Sexual abuse is defined under A.R.S. 13-1404 as intentionally or knowingly engaging in sexual contact with any person who is fifteen or more years of age without consent or with any person who is under fifteen years of age if the sexual contact involves only the female breast. A person can be charged with sexual abuse if they: 1) touch the genitals or anus of a minor who is between 15, 16, or 17; or 2) touch the breast of a minor who is under the age of 15. If the victim is 15, 16, or 17, the offense is a class 5 felony. If the victim is under the age of 15, the offense is a class 3 felony.

Sexual Exploitation of a Minor: Sexual exploitation of a minor is Arizona’s term for possession of child pornography. It is defined under A.R.S. 13-3553 as knowingly:

1. Recording, filming, photographing, developing or duplicating any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct, or;
2. 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.

Arizona is the worst place in the world to be charged with possession of child pornography. For each image, a defendant faces 10, 17, or 24 years in prison. On top of that, each sentence must run consecutive to the other. That means if a defendant is charged with 10 counts of sexual exploitation of a minor, they face a minimum of 100 years a maximum of 240 years in prison. Effective negotiation is essential in sexual exploitation cases.

Prostitution: Prostitution is defined under A.R.S. 13-3211 as engaging in or agreeing or offering to engage in sexual conduct under a fee arrangement with any person for money or any other valuable consideration. Most people understand that prostitution means paying another person for sex. Money is not the only form of payment contemplated under the statute, however. Any form of “valuable consideration” can constitute a fee arrangement for prostitution under Arizona law.

Police in Arizona love conducting so-called “prostitution stings.” These occur when undercover officers pretend to be prostitutes and trick unwitting defendants into paying for sex. An effective defense against undercover prostitution stings is entrapment. An entrapment defense asserts that, but for the police action, the defendant would not have committed the crime. Don’t let the police get away with coercive tactics. Contact our attorneys today.