Arizona’s Sexual Assault Laws

It is important to understand the potential consequences that you are facing if you’ve been arrested or charged with sexual assault in Arizona. State lawmakers do not take sex crimes of any kind lightly. The punishment for sexual assault is severe and generally involves imprisonment. Learning the exact language of Arizona’s sexual assault laws can help you gain a better understanding of your charges and legal options.

What Is Arizona’s Definition of Sexual Assault?

Sexual assault under A.R.S. § 13-1406 involves intentional or knowing sexual intercourse or oral sexual contact without consent and is a class 2 felony. Sexual abuse under § 13-1404 is a separate offense: it involves intentional or knowing sexual contact with a person 15 or older without consent, or with a person under 15 when the contact involves only the female breast. It is generally a class 5 felony, or a class 3 felony when the victim is under 15, with sentencing under § 13-705. For a victim age 15–17, consent is not a defense to sexual abuse if the accused was in a position of trust.

ARS 13-1401 lists the state’s definitions of “sexual contact,” “sexual intercourse,” and “without consent.” The alleged acts and circumstances must be evaluated under the statute for the particular charge.

What Is Arizona’s Romeo and Juliet Law?

Arizona’s close-in-age defense under A.R.S. § 13-1407(E) applies to the offenses specifically listed in that subsection. Sexual assault under § 13-1406 is not one of them. A close age difference does not substitute for consent or establish a defense to sexual assault.

For the separate rules governing consensual conduct and age differences, read our Arizona Romeo and Juliet law guide. For allegations under § 13-1405, see our sexual conduct with a minor defense page.

What Are the Penalties for Sexual Assault in Arizona?

For a first offense sentenced under A.R.S. § 13-1406(B), the minimum, presumptive, and maximum prison terms are 5.25, seven, and 14 years. The statute provides higher ranges for qualifying historical prior felony convictions and additional provisions for specified drug administration and serious physical injury. Probation is not available under subsection B.

If the victim is under 15, § 13-705 governs sentencing. Covered cases involving a child age 12–14 generally carry a 13–27-year range with a 20-year presumptive term, except where a more specific provision applies. For an adult convicted of the covered sexual assault involving a child 12 or younger, § 13-705(B) requires life imprisonment with the stated restrictions until 35 years have been served, subject to its exceptions. Registration requirements also apply under § 13-3821.

For more information about Arizona’s sexual assault laws or legal assistance if you’ve been accused of sexual assault, reach out to the AZ Defenders for a free consultation.