Sex Crimes
PHOENIX, ARIZONA CRIMINAL DEFENSE ATTORNEY
Trusted Sex Crimes Lawyer in Phoenix, AZ
Being charged with a sex crime in the state of Arizona is nothing to take lightly. The punishments for such an offense in Arizona can have consequences that remain for the rest of your life, not just with money but with prison time, community service, sex offender registration, probation, and much more.
Even a minimum sentence could send you to prison for an incredibly long time. If charged and convicted as an adult, you will have to register as a sex offender, be prohibited from living in certain areas, have difficulties finding a good job, and suffer hardships in your personal life. That’s why these types of crimes are frequently referred to as "life enders."
Don’t suffer those consequences if you can avoid it; contact an experienced sex crimes lawyer to defend you. The Law Office of Michael Alarid in Arizona focuses on criminal defense, DUI defense, and other serious crimes. We have helped defend many others charged with sex crimes and can help you too.
What are the Different Types of Sex Crimes in Arizona?
Sexual Assault – ARS 13-1406
Also known as "rape," sexual assault occurs when a person is forced into having sexual intercourse against their will. According to ARS 13-1406, this is a class 2 felony with a minimum mandatory prison term, depending on any prior convictions, among other penalties.
Statutory Rape – ARS 13-1405
In Arizona, this is known as sexual conduct with a minor under the age of 18. This charge is a class 6 felony unless the person is under the age of 15, then it becomes a class 2 felony that requires significant mandatory prison time and can be brought as a Dangerous Crime Against Children, which makes the case much more severe.
Child Pornography – ARS 13-3553
Also known as "sexual exploitation of a minor," child pornography includes production, distribution, or possession of visual images of a minor engaged in sexual conduct or exploitative exhibition and requires significant mandatory prison time.
Child Molestation – ARS 13-1410
Child molestation involves sexual contact with a child under 15 years old. The "sexual contact" term means fondling, manipulating, or touching the anus or genitals. Sexual contact with the female breast does not constitute child molestation; however, it is criminalized as sexual abuse under ARS 13-1404.
Sexual Abuse – ARS 13-1404
Sexual abuse involves intentionally or knowingly engaging in sexual contact with someone at least 15 years old but without consent or under 15 years of age if the contact only involves a female's breast.
Sexual Extortion – ARS 13-1428
Sexual extortion occurs when someone coerces or threatens another person into engaging in specific sexual activities. Sexual extortion is usually a class 3 felony in Arizona but can also be a class 2 felony, in which a mandatory prison sentence is required if the victim is age 15 years old or younger.
Indecent Exposure – ARS 13-1402
Indecent exposure may be charged as a felony or a misdemeanor, depending on the victim's age, and if the defendant had prior convictions of the same statute.
Public Sexual Indecency – ARS 13-1403
This charge involves engaging in various forms of sexual conduct where there is another person present, and the accused is reckless of whether the bystander would find the conduct offensive. This charge is a class 1 misdemeanor, or if the other person is under the age of 15 years old, it then becomes a class 5 felony.
Prostitution – ARS 13-3214
The technical definition of prostitution is engaging in, offering to, or agreeing to, engage in sexual conduct while under a disclosed sum of money or anything else of value. Offering or accepting prostitution services is a crime in the state of Arizona. Generally, prostitution is a class 1 misdemeanor, but there is still a mandatory minimum jail sentence if convicted. Prostitution offenses involving procuring, or "pimping," are felonies that may require mandatory prison sentences.
Sexual Misconduct – ARS 13-1418
Only behavioral health professionals, including psychiatrists, psychologists and professionals licensed to practice by the board of behavioral health examiners (ARS 32-3251) can be charged with sexual misconduct. This class 6 felony is specifically used when a behavioral health professional engages in sexual intercourse with a current patient, which is illegal in the state of Arizona.
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Sex Crime Defense in Arizona
Additional Sex Crimes in Arizona
At the Law Office of Michael Alarid, we are experienced in all aspects of sex-related crimes as mentioned above, and additional crimes including:
- Sexual Extortion
- Voyeurism
- Surreptitious Recording
- Continuous Child Sexual Abuse
- Sexual Misconduct
- Certain Internet Crimes
It is important to know that the majority of sex crimes are considered felonies due to the nature of the crime.
"Revenge Porn" Laws
In Arizona, revenge porn is defined as disclosure of a person's image who can be identified either from information visible in the image or from the image itself if:
- the person in the photo/video has reasonable expectations of privacy
- the intent of the one disclosing the photo/video is meant to threaten, injure, intimidate, harass, or coerce the person shown.
Child Luring – ARS 13-3554
Child luring, or the more technical name luring a minor for sexual exploitation, is a class 3 felony and summarized as soliciting or offering sexual conduct with a minor while knowing or having reason to know that the individual is a minor. If the minor is under the age of 15 years old, the charge becomes classified as a Dangerous Crime Against Children (DCAC).
Child Prostitution / Child Sex Trafficking – ARS 13-3212
Child prostitution, or child sex trafficking, is a very serious crime in Arizona and requires a mandatory prison sentence if convicted. Just as a case with adult prostitution, solicitation of child prostitution or child prostitution involves the act of offering money for a minor to provide sexual services.
Defenses Used Against Sex Crimes in Arizona
At the Law Office of Michael Alarid, we use all resources available to begin on your defense right away. Along with assembling the right legal team and experts, some of our tasks include:
- Examining the evidence being used against you to ensure it was obtained legally
- Challenging the scientific evidence for contamination
- Checking the victim's credibility and finding out if they had a vendetta against the accused
- Finding out if the alleged victim was under the influence of drugs or alcohol
- Speaking to any witnesses
Affirmative Defenses in Arizona Sex Crimes
ARS 13-1407 lists some defenses to specific sex crimes in Arizona known as "affirmative defenses". This statute means an alleged offender admits to the sexual acts that occurred but have a defense to these criminal charges that can help prevent them from being prosecuted.
These defenses are:
A person accused of...
- ... sexual conduct or sexual abuse with a minor might avoid criminal prosecution if the sexual act was done to further lawful medical practice.
- ... sexual conduct or sexual abuse of a minor may avoid prosecution if the victim could not consent to the sexual act since they were 15 to 17 years old, and the offender was unaware or could not have known of their age.
- ... sexual conduct or sexual abuse with a minor might avoid prosecution if the victim was the offender's spouse when the act occurred.
- ... sexual molestation and abuse of a child might avoid prosecution if the offender was unmotivated by sexual interest.
- ... sexual abuse may avoid prosecution if the victim was under the age of 15 and the offender was unmotivated by sexual interest.
- ... sexual conduct with a child/minor may avoid prosecution if the victim was 15 to 17 years old when the offense occurred, the offender was attending high school, was under the age of 19, or was 24 months or less, older than the victim when the act occurred, and the act was consensual.
Digital Evidence in Arizona Sex Crime Cases
Sex crime investigations often rely heavily on digital evidence collected from phones, computers, and online accounts. This can include text messages, social media activity, location data, app usage, and files stored locally or in the cloud.
Law enforcement may obtain this information through search warrants, subpoenas, or consent searches. In some cases, entire devices are seized and analyzed using forensic software.
Digital evidence is not always as straightforward as it appears. Issues can arise involving:
- Who actually used a device at a given time
- Whether accounts were shared or accessed by multiple people
- How data was collected, preserved, and interpreted
- Whether law enforcement exceeded the scope of a warrant
A close review of how digital evidence was obtained and analyzed can be a critical part of building a defense.
False Allegations and Credibility Issues in Sex Crime Cases
Sex crime cases often come down to credibility, especially when there is limited physical evidence. Inconsistencies in statements, prior communications between the parties, and the timing of reports can all become relevant in evaluating what occurred.
Evidence such as text messages, social media activity, or witness testimony may be used to support or challenge an allegation. These cases are highly fact-specific, and credibility issues are often central to how the case is analyzed.
Disclosure and Evidence Issues in Sex Crime Cases
In Arizona, the prosecution is required to disclose the evidence it intends to use, along with information that may be favorable to the defense. This process is known as disclosure.
Sex crime cases can involve large volumes of material, including:
- Recorded interviews
- Forensic reports
- Digital evidence extractions
- Communications between parties
- Third-party records
Problems with disclosure can affect how a case is handled. These may include:
- Late disclosure of evidence
- Missing or incomplete reports
- Failure to preserve relevant evidence
- Inconsistencies between reports and testimony
When disclosure issues arise, they may impact pretrial strategy, motion practice, or how evidence is presented at trial.
Expert Witnesses in Sex Crime Defense
Sex crime cases often involve technical or specialized evidence that may require expert analysis.
Depending on the allegations, expert witnesses may be used to review or challenge:
- Digital forensic findings
- DNA or biological evidence
- Forensic interview techniques
- Memory, suggestibility, or interview reliability
- Medical or psychological claims
Expert testimony can be used to identify weaknesses in the state’s evidence or to provide alternative explanations for what the evidence shows.
Not every case requires expert witnesses, but in cases involving complex or technical evidence, they can play a significant role in how the case is evaluated.
Arizona Sex Crime FAQs
What happens after you are accused of a sex crime in Arizona?
An accusation may trigger an investigation before any charges are filed, or it can lead directly to an arrest. Law enforcement may seek interviews, collect digital evidence, and present the case to prosecutors for charging decisions. The process can move quickly, so early legal review can affect what happens next.
Will I be arrested immediately after a sex crime accusation?
Not always. Some cases involve a delayed arrest after an investigation, while others result in immediate arrest based on probable cause. It depends on the allegations, available evidence, and how the report is handled.
What does a no-contact order mean in Arizona?
After an arrest or initial appearance, courts often impose release conditions that can include no-contact orders. These may prohibit direct or indirect communication with the alleged victim, including through third parties or social media.
Violating release conditions can result in additional charges or a modification of release terms, including custody.
What is considered “consent” under Arizona law?
Consent generally means a voluntary agreement to engage in the conduct in question. Lack of consent can be based on force, coercion, incapacity, or other circumstances defined by statute. The specific facts and context matter in how consent is evaluated.
Can text messages be used as evidence in a sex crime case?
Yes. Text messages and other digital communications are commonly used as evidence and may be obtained through warrants, subpoenas, or device searches. Their meaning and context are often disputed and may be interpreted differently by each side.
Can police search my phone without a warrant in Arizona?
In most situations, police need a warrant to search the contents of a phone. There are limited exceptions, such as valid consent or certain exigent circumstances. Whether a search was lawful depends on how the evidence was obtained.
How long do sex crime cases take in Arizona?
Timelines vary depending on whether the case is a misdemeanor or felony, the complexity of the evidence, and court scheduling. Some cases resolve in a few months, while others take much longer, especially if motions or trial preparation are involved.
What is a forensic interview, and how is it used in these cases?
A forensic interview is a structured interview, often conducted with a child or alleged victim, to gather information in a controlled setting. These interviews are frequently recorded and used as evidence. The methods and questioning techniques can become an issue in the case.
Can sex crime charges be dropped before trial?
Yes, charges can be dismissed or reduced before trial in some cases. This may happen due to evidentiary issues, legal challenges, or decisions made by the prosecution. Outcomes depend on the facts and how the case develops.
What penalties do sex crimes carry in Arizona?
Penalties can include prison time, probation, fines, and mandatory registration requirements, depending on the specific charge and circumstances. Some offenses carry mandatory minimum sentences and long-term consequences.
Will I have to register as a sex offender if I’m charged?
Registration is typically required after a conviction for certain offenses, not just a charge. The length and conditions of registration depend on the specific offense and court requirements. In some cases, registration may be required for life.
Can false accusations of sex crimes be defended?
Yes. Defense strategies may involve challenging credibility, inconsistencies, or the evidence presented. Each case depends on its specific facts and the available evidence.
Should I speak to the police if I’m being investigated?
Statements made to law enforcement can be used as evidence. It is generally important to understand your rights and the potential impact of speaking before providing any statements. Decisions about communication should be made carefully.
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Why You Need to Immediately Hire a Sex Crimes Attorney
There are several reasons it is imperative that you hire a sex crimes lawyer immediately if charged with a sex crime in Arizona. Most importantly, new technology and innovative investigatory techniques at the disposal of law enforcement can be used against you. Computer hard drive tracing, DNA testing, and other forensic techniques and new advances in science and technology used in sex crimes are enough to pinpoint evidence against you that could lead to a conviction.
If there are any reasons to believe that you will be brought in for questioning, you need to speak with a defense attorney immediately.