TAP TO CALL FOR A FREE CONSULTATION

SEND A TXT MSG

HELP IS AVAILABLE 24 HOURS A DAY, 7 DAYS A WEEK

Sex Crimes

If you or a loved one has been charged with or are being investigated for a sex crime, you should contact one of our experienced sex crime defense attorneys immediately. Sex crimes are some of the most severely punished crimes in Arizona, with many offenses resulting in non-bondable release conditions, lengthy mandatory prison sentences, and lifetime registration as a sex offender.

Our team of trial attorneys has over 100 years of experience successfully defending sex crime cases. Individually, they average over 30 years of experience, and include former prosecutors and a Board Certified Criminal Law Specialist.

TYPES OF SEX CRIMES

Arizona has both misdemeanor and felony DUI offenses, with the penalties ranging from a minimum of 24 hours in jail for some misdemeanor offenses to years of prison time for felony offenses. In addition to jail or prison time, a DUI conviction can have serious professional and financial implications. With mandatory fines and surcharges, jail costs, increased auto insurance premiums and high risk insurance, the cost of even a first offense DUI can exceed $10,000.00. Hiring the right attorney, with decades of experience, can help you avoid these consequences. Over the past 35 years our lawyers have used multiple defenses to help our clients beat DUI charges. Contact our DUI defense team right now to begin the defense of your case today.

Sexual Assault: ARS 13-1406

A. A person commits sexual assault by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent of such person.

B. Sexual assault is a class 2 felony, and the person convicted shall be sentenced pursuant to this section and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served or commuted. If the victim is under fifteen years of age, sexual assault is punishable pursuant to section 13-705. The presumptive term may be aggravated or mitigated within the range under this section pursuant to section 13-701, subsections C, D and E. If the sexual assault involved the intentional or knowing administration of flunitrazepam, gamma hydroxy butyrate or ketamine hydrochloride without the victim’s knowledge, the presumptive, minimum and maximum sentence for the offense shall be increased by three years. The additional sentence imposed pursuant to this subsection is in addition to any enhanced sentence that may be applicable.

The term for a first offense is as follows:

Minimum
5.25 years
Presumptive
7 years
Maximum
14 years

The term for a defendant who has one historical prior felony conviction is as follows:

Minimum
7 years
Presumptive
10.5 years
Maximum
21 years

The term for a defendant who has two or more historical prior felony convictions is as follows:

Minimum
14 years
Presumptive
15.75 years
Maximum
28 years

Sexual Conduct With a Minor: ARS 13-1405

A. A person commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person who is under eighteen years of age.

B. Sexual conduct with a minor who is under fifteen years of age is a class 2 felony and is punishable pursuant to section 13-705. Sexual conduct with a minor who is at least fifteen years of age is a class 6 felony. Sexual conduct with a minor who is at least fifteen years of age is a class 2 felony if the person is or was in a position of trust and the convicted person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed has been served or commuted.

Possible Punishment for Sexual Conduct with a Minor

The class six (6) felony where the alleged victim age is 15-17 has a range of punishment from probation with no jail time up to one (1) year in jail, or four (4) months in prison to two (2) years in prison for a first offense. A conviction will require you to register as a Sex Offender for the rest of your life, and you are not allowed to have any contact with anyone under the age of eighteen (18), including your own children, without going through testing procedures and without the consent of your probation officer.

The class two (2) felony, with the alleged victim age of 14 or younger carries the following punishment: if the child is twelve (12), thirteen (13) or fourteen (14) years old, the sentence is 13-27 years in prison, with a presumptive sentence of 20 years. If the defendant is convicted of two (2) counts, then by law the Judge must run these charges “consecutive”. Which means the range of punishment now becomes twenty-six (26) years minimum; forty (40) years presumptive; and fifty-four (54) years maximum in prison (day-for-day prison time). If the defendant has previously been convicted of a predicate offense, (any Dangerous Crime Against a Child, or other crimes) the range of punishment is a minimum of 23 years, presumptive 30 years, and maximum 37 years incarceration.

If the child is twelve (12) years of age or under, then the judge has only two (2) choices: twenty (20) years in prison, or thirty-five (35) years to life in prison, which must run “consecutive” with any other DCAC charge.

Molestation of a Child: ARS 13-1410

A. A person commits molestation of a child by 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.

B. Molestation of a child is a class 2 felony that is punishable pursuant to section 13-705.

Possible Punishment for Child Molestation

This is a class two (2) felony, and a Dangerous Crimes Against Children (DCAC), which carries a mandatory sentencing range of a minimum of ten (10) years in prison; seventeen (17) year presumptive; twenty-four (24) years maximum. Because this is a DCAC, 100% of the prison time must be served before being eligible for release. In addition, if the person is convicted of two (2) counts, they must be run consecutive to each other (i.e., the minimum is now twenty (20) years in prison, and all other ranges double). A conviction will require you to register as a Sex Offender for the rest of your life, and you are not allowed to have any contact with anyone under the age of eighteen (18) (this includes your own children), without going through numerous testing procedures and only with the consent of your Probation Officer.

Sexual Abuse: ARS 13-1404

A. A person commits sexual abuse by intentionally or knowingly engaging in sexual contact with any person who is fifteen or more years of age without consent of that person or with any person who is under fifteen years of age if the sexual contact involves only the female breast.

B. It is not a defense to a prosecution for a violation of this section that the other person consented if the other person was fifteen, sixteen or seventeen years of age and the defendant was in a position of trust.

C. Sexual abuse is a class 5 felony unless the victim is under fifteen years of age in which case sexual abuse is a class 3 felony punishable pursuant to section 13-705

Possible Punishment for Sexual Abuse

If the Sexual Abuse victim is under fifteen (15) years of age, then it is classified as a class three (3) felony, and a Dangerous Crime Against a Child, with the following punishment: two and one half (2.5) years minimum in prison, five (5) years presumptive in prison, seven and one half (7.5) years maximum incarceration.

If the alleged Sexual Abuse victim is fifteen (15) years of age or older, then the crime is a class five (5) felony. On a first offense, punishment can be probation with no jail time up to one (1) year in jail, or prison of six (6) months to two and one half (2.5) years in custody.

A conviction will also require you to register as a Sex Offender for the rest of your life if the victim is under the age of eighteen (18). If convicted, you will not be allowed to have any contact with anyone under the age of eighteen (18) (this includes your own children), without going through numerous testing procedures and only with the consent of your probation officer.

Sexual Exploitation of a Minor / Child Pornography: Ars 13-3553

A. A person commits sexual exploitation of a minor by knowingly:

  1. Recording, filming, photographing, developing or duplicating any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct.
  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.
  3. B. If any visual depiction of sexual exploitation of a minor is admitted into evidence, the court shall seal that evidence at the conclusion of any grand jury proceeding, hearing or trial.

    C. Sexual exploitation of a minor is a class 2 felony and if the minor is under fifteen years of age it is punishable pursuant to section 13-705.

    Possible Punishment for Sexual Exploitation of a Minor or Child Pornography

    If the photographs include children who are fourteen (14) years of age or younger, it is designated as a Dangerous Crimes Against Children (DCAC) A first offense carries a mandatory minimum of (10) years in prison; seventeen (17) years is the presumptive sentence; twenty-four (24) years maximum incarceration. Because this is a DCAC, 100% of the prison time must be served before being eligible for release. In addition, if the person is convicted of two (2) counts, they must be run consecutive to each other (i.e., the minimum is now twenty (20) years in prison, and all other ranges double). A conviction will require you to register as a Sex Offender for the rest of your life, and you are not allowed to have any contact with anyone under the age of eighteen (18) (this includes your own children), without going through numerous testing procedures and only with the consent of your Probation Officer.

    If the child was ages fifteen – seventeen (15-17), it is not sentenced pursuant to the DCAC statute. A first offense class two (2) felony, carries punishment of probation with zero (0) days in jail up to one (1) year in jail, or prison of three (3) years to twelve and one half (12.5) years of incarceration. If the person has one (1) allegeable historical prior conviction, then the “prison only” range is four and one half (4.5) years to twenty-three and one quarter (23.25) years in prison. If the person has two (2) allegeable historical prior convictions, then the “prison only” range is ten and one half (10.5) to thirty-five (35) years of incarceration.

Luring a Minor for Sexual Exploitation: ARS 13-3554

A. A person commits luring a minor for sexual exploitation by offering or soliciting sexual conduct with another person knowing or having reason to know that the other person is a minor.

B. It is not a defense to a prosecution for a violation of this section that the other person is not a minor.

C. Luring a minor for sexual exploitation is a class 3 felony, and if the minor is under fifteen years of age it is punishable pursuant to section 13-705.

Possible Punishment for Luring a Minor for Sexual Exploitation

Luring a Minor for Sexual Exploitation is a class three (3) felony. For a first offense class three (3) felony, punishment can range from zero (0) days to one (1) year in jail, or two (2) to eight and three quarters (8.75) years in prison. If there was actually a minor that was lured (not an undercover police officer), and that minor is under fifteen (15) years old, it is a Dangerous Crimes Against Children (DCAC) which carries mandatory prison for each count: five (5) year mandatory minimum in prison, ten (10) years presumptive sentence, fifteen (15) years maximum sentence. I Additionally, a conviction will require you to register as a Sex Offender for the rest of your life, with no contact with anyone under the age of eighteen (18) (this includes your own children), without going through numerous testing procedures and only with the consent of your Probation Officer.