Bold labels are required.
In Arizona, when a defendant is charged with a sexual offense the Court may admit evidence that he/she committed past sexual offense acts. This evidentiary tool is used against the defendant by the prosecutor to secure a conviction and to secure a longer sentence if the defendant is found guilty.
Sexual Abuse
A person commits sexual abuse by intentionally or knowingly engaging in sexual conduct with any person without the consent of that person or with any person who is under 15 years of age, if the sexual contact involves only the female breast. Sexual abuse is a Class 5 felony, unless the victim is under 15 years of age and then the crime is treated as a dangerous crime against children and the it is a Class 3 felony punishable pursuant to Section 13-604.
Sexual Conduct with a Minor
A person commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person that is under 18 years of age. Sexual conduct with a minor who is at least 15 years of age or older is a Class 6 felony.
Sexual conduct with a minor who is under 15 years of age becomes Class 2 Felony. Sexual conduct with a minor under 15 years of age by done by the victim's parent, step- parent, adoptive or foster parent is a class 2 felony defined as dangerous crime against children and the convicted person may be subject to life imprisonment without the eligibility for suspension of sentence, pardon, probation or release of confinement until 35 years of the sentence has been served.
Sexual Assault
A person commits Sexual Assault when a defendant intentionally or knowingly engages in sexual intercourse or oral sexual contact with any person without consent of that person. If the victim is under 15 years of age, then the defendant is sentenced pursuant to Section 13-604. The conviction for Sexual Assault carries a mandatory minimum sentence of 5.25 years to a maximum of 14 years for a first offense. Two or more historical priors for sexual assault carry a maximum sentence of 28 years. Sexual Assault of a Spouse occurs when a person intentionally or knowingly engages in sexual intercourse or oral sexual contact with the spouse without the consent of the spouse by the threatened use of force against the spouse or another. A first offense is a class 6 felony but the Judge may enter a judgment for a class 1 misdemeanor.
Molestation of a Child
Molestation of a Child occurs when a person intentionally or knowingly engages in or causes a person to engage in sexual contact with a child under 15 years of age. Molestation of a Child is a Class 2 Felony and defined by statute to be a dangerous crime against children and punishable pursuant to Section 13-604.
