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 length of time. If charged and convicted as an adult, you will have to register as a sex offender, will be restricted from living in certain areas, difficulties finding a good job, and being a sex offender can have negative impacts on your relationship. Therefore a label for these types of crimes is known as "life enders."
Don't fall into the same burden; contact an experienced sex crimes lawyer to defend you. The Law Office of Michael Alarid III 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 ruled as a Dangerous Crimes Against Children, which is 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 exploitive exhibition, under ARS 13-3553 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 as child molestation; however, it is criminalized as sexual abuse under ARS 13-1404.
Sexual Abuse - ARS 13-1404
Sexual abuse involves intentionally or knowingly engage 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 under.
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 are 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 involve procuring, or "pimping," are felonies that may require mandatory prison sentences.
"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:
1) the person in the photo/video has reasonable expectations of privacy
2) 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 Crimes 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.
Additional Sex Crimes in Arizona
At the Law Office of Michael Alarid III, we are experienced in all aspects of sex-related crimes as mentioned above, and additional crimes including:
- Sexual Extortion
- 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.
Defenses Used Against Sex Crimes in Arizona
At the Law Office of Michael Alarid III, 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:
- examine the evidence being used against you to ensure it was obtained legally
- challenge the scientific evidence for contamination
- check the victim's credibility and find out if they had a vendetta against the accused
- find out if the alleged victim was under the influence of drugs or alcohol
- speak 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.
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. Techniques such as 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. Remember to exercise your constitutional rights to remain silent and ask to have an attorney present to represent you, then call us at (602) 818-3110.