Definition of a Sex Crime in Arizona
Being charged with a sex crime in Arizona carries lifetime probation, monitoring, and trouble. Sex crimes carry the stigma like no other crime.
You might be denied the opportunity to a plea bargain of your case because Arizona has mandatory sentencing laws. The offender faces prison from five to fourteen years for rape and thirteen to twenty-seven years for sex crimes involving children. The chances for early release are almost non-existent.
A convicted sex offender also may be exposed to psychological evaluation; this will show whether the offender is a risk for the community (when they are released from jail). If the offender is a low risk for the community, the judge or the State can decide that the offender is a suitable candidate for probation.
Child molestation is sexual contact between a person of any age and a child who is fourteen or younger. Children who are fourteen years old or younger do not have the legal capacity to take part in a consensual sexual act. If a child lies, claiming they are adults, that will not be of any help in the defense. The sexual act does not necessarily need to include the actual intercourse to be considered child molestation. Child molestation defines any sexual contact between the child and an adult.
Indecent exposure defines the act of indecently and inappropriately exposing in the presence of another person without considering that the other person may be offended or be alarmed. This definition does not apply to mothers who are breastfeeding.
If the victim is fifteen or older, this is considered a class 1 misdemeanor. There is no mandatory prison sentence; the maximum jail time is up to six months. If the person is younger than fifteen, this conviction is considered a class 6 felony. In such cases, probation is possible; the judge can sentence the person to the jail from several months up to two years.
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Sexual exploitation of a minor
Arizona law defines the sexual exploitation of a minor or child pornography as a case when an adult individual intentionally films, photographs, records, transmits, receives, sells, develops, purchases, and transports visual depiction of underage persons engaging in a sexual act.
Sexual assault (rape) is the act of a intentionally and knowingly engagement in a sexual act (penetration or oral sexual contact) with another person without their consent.
The charges for sexual assaults are categorized as Class 2 Felony. Such felonies can bring you prison time up to fourteen years.
Sexual conduct with a minor
Arizona laws define sexual conduct with a minor as knowingly and intentionally engaging in a sexual act (penetration or oral sexual contact) with any person who is younger than eighteen years of age.
- Class 6 felony – If the minor is at least fifteen years of age, the penalties depend on the committed crime. Higher degrees of the charge get harsher penalties. Class 6 felony carries one year in jail.
- Class 2 felony – if the victim is younger than twelve, penalties without probation go until 35 years are served. If the minor is under fifteen, five years in jail.
- If the offender is at least eighteen and the minor was twelve or younger, the penalty is life-time in prison (ineligible for release before serving thirty-five years).