Arizona’s “rape” statute is Sexual Assault pursuant to Arizona Revised Statutes § 13-1406. If you are being accused of raping someone in violation of the Sexual Assault statute, you face dire, lifelong consequences and must immediately get legal advice from a knowledgeable, experienced sex crimes attorney, like those at AZ Defenders.
To be convicted of Sexual Assault for a rape, the prosecution must prove that you intentionally or knowingly engaged in sexual intercourse or oral sexual contact with any person without their consent.
“Sexual Intercourse” is defined by Arizona Revised Statutes § 13-1401(4) as penetration into the penis, vulva, or anus by any part of the body or by any object or masturbatory contact with the penis or vulva.
“Oral Sexual Contact” is defined by Arizona Revised Statues § 13-1401(1) as oral contact with the penis, vulva, or anus.
If convicted of Sexual Assault pursuant to ARS § 13-1406, you will be convicted of a Class 2 Felony. The age of the victim determines the sentence that you would receive. If the victim is 15 years old or older, then you must be sentenced to prison for 5.25 to 14 years. This is a mandatory prison sentence and is a “flat time” sentence, meaning you would serve every single day of the sentence. The Court must also make you register as a sex offender for life if convicted.
If the victim is between the ages of 13 and 14, then you must be sentenced to prison for 13 to 27 years. As with a 15 year old victim, the sentence is “flat time,” requiring you to serve every day of the sentence. Again, you would be required to register as a sex offender for life.
If the victim is 12 years old or younger and you are convicted of Sexual Assault then you will be sentenced to life in prison with no possibility of release before 35 years have passed. Currently, Arizona has no way of reducing a life sentence short of a governor’s act of clemency, pardon, or commutation. As above, lifetime registration as a sex offender is required.
If the rape or sexual assault involved the intentional or knowing administration of flunitrazepam, gamma hydroxy butyrate, or ketamine hydrochloride without the victim’s knowledge, then the range of sentencing increase by 3 years.
If you have prior felony convictions, you may face additional prison time.
(Per Arizona Revised Statute § 13-3554)
(Per Arizona Revised Statute § 13-1424)
A. It is unlawful to knowingly invade the privacy of another person without the knowledge of the other person for the purpose of sexual stimulation.
B. It is unlawful for a person to disclose, display, distribute or publish a photograph, videotape, film or digital recording that is made in violation of subsection A of this section without the consent or knowledge of the person depicted.
C. For the purposes of this section, a person’s privacy is invaded if both of the following apply:
1. The person has a reasonable expectation that the person will not be photographed, videotaped, filmed, digitally recorded or otherwise viewed or recorded.
2. The person is photographed, videotaped, filmed, digitally recorded or otherwise viewed, with or without a device, either:
(a) While the person is in a state of undress or partial dress.
(b) While the person is engaged in sexual intercourse or sexual contact.
(c) While the person is urinating or defecating.
(d) In a manner that directly or indirectly captures or allows the viewing of the person’s genitalia, buttock or female breast, whether clothed or unclothed, that is not otherwise visible to the public.
D. This section does not apply to any of the following:
1. Photographing, videotaping, filming or digitally recording for security purposes if notice of the use of the photographing, videotaping, filming or digital recording equipment is clearly posted in the location and the location is one in which the person has a reasonable expectation of privacy.
2. Photographing, videotaping, filming or digitally recording by correctional officials for security reasons or in connection with the investigation of alleged misconduct of persons on the premises of a jail or prison.
3. Photographing, videotaping, filming or digitally recording by law enforcement officers pursuant to an investigation, which is otherwise lawful.
4. The use of a child monitoring device as defined in section 13-3001.
E. A violation of subsection A or B of this section is a class 5 felony, except that a violation of subsection B of this section is a class 4 felony if the person depicted is recognizable.
If you are accused of raping someone or committing a Sexual Assault anywhere in Arizona, you face years in prison, registration as a sex offender, and the end of your life as you know it. Protect your liberty, rights, and good name – contact the attorneys at AZ Defenders today by calling (480) 456-6400 or contacting us online so that we can start working on an aggressive defense in your case. Time is of the essence.