What Is the Legal Definition of a Sex Offense in Arizona?

The various sex offenses in Arizona have their own characteristics and a range of potentially life-changing penalties. If you have been charged with a sex offense in Arizona, an experienced Avondale sex crimes defense lawyer from Suzuki Law Offices will work to develop a strong defense to protect you from unjust treatment and fight to have your charges reduced or totally dismissed.

Our team members have all served as prosecutors at either the state or federal levels, and this experience affords us a valuable insider’s perspective when building client defenses.

Sex Offenses in Arizona

In defining sexual offenses, the Arizona State Legislature uses specific terminology. To understand the legal definition of an offense, it helps to understand that related terminology–”position of trust” and “sexual contact,” for example–as explained in Title 13, Chapter 14 (§13-1401) of the Arizona Revised Statutes.

Indecent Exposure

Indecent exposure involves exposing particular parts of the body when another person is present–incidents of breastfeeding excluded. According to Statute 13-1402, charges apply if the offender is “reckless about whether the other person, as a reasonable person, would be offended or alarmed by the act.”

Penalties for indecent exposure increase depending on the age of the other person present and the offender’s prior sex offense history.

Public Sexual Indecency

A person who “intentionally or knowingly” engages in an act of sexual contact, oral sexual contact, sexual intercourse, or bestiality in the presence of another may be charged with a sex offense in Arizona.

As with indecent exposure, public sexual indecency involves committing the act in the presence of another person who would be offended or alarmed by the act. This behavior also carries steeper penalties when performed in front of minors or offenders who have prior sex offense charges on their record.

Sexual Abuse

The legal definition of sexual abuse under Statute 13-1404 is “intentionally or knowingly engaging in sexual contact” with: 

• A person fifteen years or older who has not given consent
• Any person under age 15 if the contact involves certain parts of the female body

When offenders are in a position of trust with the other person involved, and that person is fifteen, sixteen, or seventeen, their consent cannot be presented as a defense by the offender.

Sexual Conduct with a Minor

Statute 13-1405 provides the legal definition of sexual conduct with a minor. Intentionally engaging in intercourse or oral sex contact with a person under 18 years of age is unlawful.

Specific penalty increases apply depending on the alleged victim’s age, whether the offender was in a position of trust, and the perpetrator’s sex offense history. 

Sexual Assault

When an individual intentionally engages in sexual intercourse or oral sexual contact with another person, and without that person’s consent, the indivdual can be charged with sexual assault.

A related sex offense in Arizona, violent sexual assault, applies when the offender uses or threatens to use a deadly weapon in the commission of sexual assault. Actual and intentional infliction of serious physical injury to the victim are also included in the legal definition of this offense. 

Molestation of a Child

Law enforcement can issue charges against a person who intentionally or knowingly engages in or causes a person to participate in sexual contact when that person is under 15 years old, as per Statute 13-1410. There is a limited exception to this charge. Otherwise, offenders can face serious penalties as child molestation is a class 2 felony.

Bestiality

Engaging in oral sexual contact, sexual contact, or sexual intercourse with an animal or causing another person to commit the acts can lead to charges of bestiality.

The legal definition of this sex offense also includes “possessing, distributing, transporting, exhibiting, selling, purchasing or electronically transmitting any visual depiction” of an actual person engaging in these acts with an actual animal.

Voyeurism

Knowingly invading the privacy of another person–without their knowledge and for sexual stimulation–is a voyeurism.

Disclosing, displaying, distributing or publishing photographs, video, or digital recordings made from such an invasion of privacy without the subject’s consent is included in the legal definition of this offense. The law provides specific criteria for what constitutes an invasion of a person’s privacy.

Unlawful Disclosure of Images

The unlawful disclosure of images is a sex offense in Arizona. Charges apply when a person intentionally discloses an image of another, identifiable person and the person is in a “state of nudity or engaged in specific sexual activities.” According to the legal definition, the sex offense occurs when said images are disclosed for the purpose of harming, harassing, intimidating, threatening, or coercing the person depicted.

Sexual Extortion

Statute 13-1428 defines sexual extortion as knowingly communicating threats for the purpose of coercing another person to:

• Engage in sexual contact or intercourse
• Allow certain parts of their body to be photographed, videotaped, or digitally recorded
• Exhibit parts of their body

Child Enticement

Under Statute 13-1430 a person can be charged with child enticement if they knowingly engage in communication to lure, entice, or “attempt to lure or entice a minor” to distribute visuals of specific parts of a person’s body. Charges also apply to any act intended to facilitate sexual abuse of the minor.

How an Arizona Sex Offense Defense Lawyer Can Help

Penalties for sex offenses in Arizona range from class 1 misdemeanors to class 1 felonies. An experienced attorney understands the differences between felonies vs. misdemeanors and the effects each class of penalty has on your life. Trust Suzuki Law Offices to work to have those charges lessened or cleared. 

Included in each legal definition of Arizona sex offenses is the of effect mitigating and aggravating factors. Mitigating factors work in your favor, and your attorney will present them in an effort to decrease your charges and punishment. The prosecutor may cite aggravating factors, elements of the alleged crime that work against you, to increase your charges and penalties.

 An Arizona sex crimes defense attorney from our team will challenge aggravating factors leveled against you. Our team will also make sure the prosecution does not operate outside the legal definition of a sex offense and charge you with crimes you did not commit. Our focus is on protecting your rights and your future.

Get the Powerful Defense You Need

Charges for a sex offense in Arizona come with serious penalties. Do not risk your freedom or your future by settling for an inferior defense team.

Count on a skilled sex crimes defense lawyer in Arizona to design a powerful, effective strategy to meet whatever challenges your case presents. Suzuki Law Offices Wins Sex Crimes Case Involving 20 Counts–and we will put the same skill, energy, and legal exceptionalism into your case.

Call or text 602-682-5270 or complete a Free Case Evaluation form