Child Molestation in Arizona: ARS 13-1410

Posted on September 17, 2025 in Assault & Violent Crimes

Child molestation is illegal in Arizona under Arizona Revised Statute (ARS) 13-1410. It is a serious sex crime that is punishable as a Class 2 felony upon conviction.

If you have been charged with child molestation, please call AZ Defenders at (480) 456-6400 or use our contact form immediately for premium legal defense.

How Does Arizona Law Define Child Molestation?

The Arizona statute that defines Child Molestation is ARS 13-1410. This statute is brief, so we include all of it below:

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.

Child molestation is a crime that relies on other Arizona statutes to define exactly what it is and how it is punishable.

What is Sexual Contact?

ARS 13-1401(A) defines sexual contact as directly or indirectly touching, fondling, or manipulating:

• The genitals
  
• The anus

Although sexual contact also usually includes contact with the female breast, this is not an element of the offense of child molestation. Also, the nature of the contact does not have to be direct or skin-to-skin. It can be indirect, meaning that it can take place by something like rubbing a part of your body against clothing covering a prohibited area of contact.

Note as well that you can be found guilty of child molestation even if you make no contact with the affected minor. If you persuade another person to make the illegal contact, this is enough to subject you to a charge of child molestation.

What is Intentional or Knowingly Engaging in Sexual Contact?

Under ARS 13-105(10), Intentional behavior means that it is your purpose to engage in a form of conduct. Knowingly engaging in behavior means that you are aware the conduct is of the nature identified in the applicable law, or you believe that it is.

You do not have to know that what you are doing is illegal to be culpable of the crime of child molestation. You only have to know or believe that you are engaged in the act that is identified under the law.

Nor do you have to always be engaged in intentional behavior for you to be knowingly engaging in sexual contact. The child molestation law requires either of these two culpable mental states, not both. This means that opportunistic yet knowing child molestation is chargeable as a crime.

So, for example, let’s say you touch a 14-year-old’s genital area with your hand, without initially meaning to do so, but you become aware of where your hand is and you choose to leave it there. Even though this may not rise to the level of intentional behavior, it is still knowing behavior, and thus is still an act of child molestation.

What Are the Arizona Punishments for Child Molestation?

ARS 13-1410 makes child molestation a Class 2 felony and a dangerous crime against children under ARS 13-705. This is for a first-time, first-degree offense. A first-time second-degree child molestation conviction is a Class 3 felony.

A first-degree offense means a completed act of child molestation.

A second-degree offense occurs when the act of child molestation is “preparatory” in nature. Under ARS 13-1001, a preparatory offense includes:

• An attempt to commit the crime yourself, including taking a substantial step toward its commission.
  
• Attempting to help someone else to commit the crime, including conspiring to commit the crime, even though no physical attempt at sexual contact is made or the other person’s attempt is unsuccessful.

First-Degree Child Molestation Sentencing Ranges

For a person 18 years old, or who has been tried as an adult, the punishment for a first-time, first-degree child molestation offense is:

• A minimum of 10 years in prison
  
• A presumptive sentence of 17 years in prison
  
• A maximum sentence of 24 years in prison

If you have been previously convicted of one “predicate felony,” then the first-degree sentencing range is:

• A minimum of 21 years in prison
  
• A presumptive sentence of 28 years in prison
  
• A maximum sentence of 35 years in prison

If you have two or more predicate felony convictions, then conviction for first-degree child molestation is life imprisonment with no eligibility for suspension of sentence, probation, pardon or release from confinement on any basis for at least 35 years, or under limited exceptions like participation in medical research (for one day only), or for temporary compassionate leave or medical treatment, or if the sentence is commuted.

What is a Predicate Felony?

Under ARS 13-705(T)(2), a predicate felony conviction is one for:

• Child abuse
  
• A prior sexual offense, including a prior conviction for child molestation.
  
• Intentionally or knowingly inflicting serious physical injury
  
• Using or threatening to use a deadly weapon or dangerous instrument
  
• A first- or second-degree dangerous crime against children

Second-Degree Child Molestation Sentencing Ranges

For a first-time second-degree child molestation conviction, the sentencing ranges for a person at least 18 years old or who has been tried as an adult are:

• A minimum of 5 years in prison
  
• A presumptive sentence of 10 years in prison
  
• A maximum sentence of 15 years in prison

You may be eligible for suspension of sentence, probation, or pardon, but if you are sentenced to a prison term then you are not eligible for release from confinement on any basis except for:

• Participation in medical research (for one day only)
  
• Temporary compassionate leave or medical treatment
  
• Eligibility for earned release credits
  
• You have served the sentence imposed by the court
  
• Commutation of your sentence

Unlike convictions for first-degree child molestation, which result in a second, harsher range of prison terms, for a second-degree child molestation conviction, you will be sentenced to a term in prison and are not eligible for suspension of sentence, probation, pardon, although the same conditions for release apply as for a first-time conviction.

Sentences to be Served Consecutively

If you are convicted for more than one count of first- or second-degree child molestation, then the court may sentence you to serve your prison sentences consecutively, not concurrently.

This means, for example, if you are sentenced for two counts of child molestation, your prison sentence could effectively be doubled in duration.

Life Sentence for Multiple Child Molestation Convictions

Under ARS 13-706, if you have been convicted of committing or attempting to commit two or more violent felonies on separate occasions in the past 15 years, then your sentence for child molestation will be imprisonment for life with no eligibility for suspension of sentence, probation, pardon or release on any basis, except that you may be eligible for commutation after serving at least thirty-five years.

ARS 13-706(F)(2)(k) includes child molestation as a “violent or aggravated felony.”

Ongoing Child Molestation as Continuous Child Sexual Abuse

If you engage in three or more acts of child molestation in a period of three months or more with a child under age 14, then under ARS 13-1417 this is considered continuous abuse of a child.

Continuous abuse of a child less than 14 years old is a Class 2 felony and a dangerous crime against children under ARS 13-705.

Additional Consequences for a Child Molestation Conviction

A lengthy prison term is only the beginning of the trouble you can face for a child molestation conviction in Arizona. You will face some or all of these additional negative impacts on your life.

Fines

A felony conviction in Arizona can result in a fine of up to $150,000.

A Permanent Mark on Your Public Record

A felony conviction stays on your public record. This can make it difficult to get a job, find a place to live, get into higher education, qualify for a loan, exercise rights like purchasing or possessing a firearm, or vote in elections.

Sex Offender Registration

If you are convicted of child molestation, then you will have to register as a sex offender under ARS 13 3821. This means:

• You would be prohibited from having contact with any children under 18, including your own children, unless you receive permission from your probation officer and agree to undergo specific testing procedures.
  
• You will need to register with the county sheriff in any Arizona county where you stay for more than 72 hours. Your identity will be available on the sex registry website and can be accessed by anyone.
  
• You will not be allowed to live within 1,000 feet of a school or the victim in your case.

Failure to register as a sex offender is a Class 4 felony.

What Are Defenses to a Charge of Child Molestation?

If you are charged with child molestation in Arizona, your situation is not hopeless. Depending on your circumstances, an experienced Arizona sex crimes defense attorney may be able to raise any of the following possible defenses on your behalf.

• The sexual contact was not intentional or knowing, but inadvertent or accidental.
  
• Sexual contact was permissible under Arizona law because it was done during caretaking responsibilities or interactions with a minor that an objective and reasonable person would understand to be normal and reasonable under the circumstances.
  
• Your accuser is making false accusations of sexual behavior against you. This happens sometimes when a divorce is contentious and one spouse falsely accuses the other or encourages a child to make a false accusation. False accusations of child molestation are not uncommon in situations where children are adopted who have a past history of abuse in their former family environments.
  
• You were improperly identified as the person who committed the act of molestation.
  
• The police made mistakes in gathering evidence against you.
  
• The police failed to inform you of your constitutional rights prior to questioning while in custody, like your right to remain silent or to have an attorney with you during custodial questioning, and/or violated those rights.

Have You Been Accused of Child Molestation in Arizona?

Being accused of child molestation in Arizona is a serious charge that can result in a Class 2 felony conviction, the second most severe level of crime you can face in this state.

Without an effective legal defense, you could face many years in prison, or even a life sentence in some cases. Plus, if you are convicted, having a child molestation on your public record and having to register as a sex offender can ruin your life for many years to come, even after you complete your time in prison.

Given the high stakes, having the best possible legal defense is essential. At AZ Defenders, our sex crimes attorneys have worked in the criminal justice system for many years and have successfully defended many difficult Arizona sex crime cases.

Give our Phoenix law firm a call at (480) 456-6400 to schedule a free case evaluation, or contact us online to learn more about your legal rights after being charged with a sex crime and to set up a free initial consultation with an experienced Arizona sex crimes lawyer.