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Being accused of or convicted of Sexual Conduct with a Minor pursuant to Arizona Revised Statutes § 13-1405 is a potentially life altering event.
Arizona penalizes sex crimes involving minors and children harshly. You could be facing a jail or prison sentence, as well as a felony conviction that will remain on your record forever.
If you find yourself in this situation, contact a Phoenix criminal defense lawyer at AZ Defenders right away. We will take prompt and aggressive action to defend your rights. Our attorneys work hard to protect clients from the worst possible outcomes of the charges they are facing. Learn more about your case during a free and confidential consultation when you contact us.
Pursuant to Arizona Revised Statutes § 13-1405(A), a person commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person under the age of eighteen.
“Sexual intercourse” is defined by Arizona Revised Statutes § 13-1401(A)(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 Statutes § 13-1401(A)(1) as oral contact with the penis, vulva, or anus.
The prosecution must prove the elements of the charged offense. Under A.R.S. § 13-1405(A), those include intentional or knowing sexual intercourse or oral sexual contact with a person under 18. The statute does not limit the accused person to someone who is already 18.
The legal definitions matter. Section 13-1401(A)(4) includes both the specified forms of penetration and masturbatory contact with the penis or vulva within “sexual intercourse.” A case should therefore not be assessed only by whether penetration is alleged.
Arizona’s general age of consent is 18, but the charge and any defense must be assessed under the relevant statute. Read our Arizona age-of-consent overview for the general rule and our Romeo and Juliet law guide for the detailed close-in-age requirements. The defenses discussed below explain how these issues can arise in a sexual-conduct case.
The classification and sentence depend on the alleged conduct, both people’s ages, the relationship between them, prior convictions, and the law applicable to the date of the alleged offense. The following overview describes completed offenses; attempts and other preparatory offenses can be treated differently.
The baseline classification under A.R.S. § 13-1405(B) is a class 6 felony. Where the first-offense, non-dangerous sentencing range in § 13-702 applies, the full mitigated-to-aggravated prison range is approximately four months to two years, with a one-year presumptive term. Probation eligibility requires a separate assessment.
If the minor is at least 15, the accused is more than 60 months older, and the accused is older than 21 at the time of the offense, § 13-1405(B) provides a class 4 classification. If placed on probation, the convicted person must serve one year in jail. Where § 13-702 applies, the full class 4 prison range is one to 3.75 years, with a 2.5-year presumptive term. This provision was added by Laws 2025, chapter 49, effective September 26, 2025; an allegation involving earlier conduct requires review of the applicable earlier law.
For a minor who is at least 15, the offense is a class 2 felony if the accused is or was in a position of trust. Section 13-1405(B) excludes probation and imposes release restrictions. Where the first-offense range in § 13-702 applies, the full prison range is three to 12.5 years, with a five-year presumptive term.
The offense is generally a class 2 felony sentenced under § 13-705, subject to the more specific serious-injury provision below. Section 13-705(E) generally provides 13, 20, and 27 years as the minimum, presumptive, and maximum terms for covered cases involving a minor age 12, 13, or 14, except where another provision applies. With one qualifying prior predicate felony, those terms are 23, 30, and 37 years.
Section 13-705(B) requires life imprisonment for an adult convicted of the covered offense involving a child 12 or younger, with release restrictions until 35 years have been served, subject to the statute’s stated exceptions. That subsection excludes masturbatory contact. Section 13-705(C) separately governs covered conduct involving children under 12 and provides for life imprisonment or a 13–27-year range in the circumstances it specifies. These provisions must be read together; it is inaccurate to put every case involving a 12-year-old into the same 13–27-year category.
Under § 13-1405(B), sexual conduct involving a child 12 or younger who suffers serious physical injury is a class 1 felony punishable by natural life under the procedures specified in § 13-752. Natural life is different from a life sentence with the possibility of release after a specified period.
The repetitive-offender rules in § 13-703 depend on qualifying historical prior convictions and other statutory conditions. For a class 6 offense sentenced under category two, the full range is nine months to 2.75 years, with a 1.75-year presumptive term. Under category three, the full range is 2.25 to 5.75 years, with a 3.75-year presumptive term. Special sentencing statutes can take precedence. Counting prior convictions alone does not establish the applicable range.
A.R.S. § 13-1401(A)(2) defines a position of trust. It includes specified family and guardian relationships, teachers and qualifying school personnel, coaches and instructors, clergy and qualifying religious workers, the minor’s employer, and certain group-home or residential-treatment employees. It also covers specified romantic or sexual relationships with family members and certain relatives within the third degree who are at least ten years older. The definition includes people who currently hold or previously held the qualifying position.
The precise relationship matters. An attorney can compare the alleged facts with the full statutory definition rather than assume that every acquaintance or authority figure falls within it.
Separate alleged acts can result in separate counts. For covered dangerous crimes against children, § 13-705(P) contains consecutive-sentence requirements, meaning terms can run one after another. Do not assume that every § 13-1405 case follows the same sentencing rule; the counts, applicable statutes, and facts must be evaluated.
A conviction under § 13-1405 is a listed registration offense under § 13-3821(A)(4). Registration can be long-lasting, but the statute contains specific termination and juvenile provisions, so it is inaccurate to state that every person must register for life without exception. If probation is legally available, § 13-902(E) allows an appropriate term up to life.
Consequences can also extend to employment, housing, professional licensing, and other opportunities. These effects vary with the conviction, applicable rules, and individual circumstances; loss of every professional license should not be presented as automatic.
A defense begins with the charge and evidence. Counsel may examine witness accounts, communications, physical evidence, the timing of events, and whether the prosecution can prove the alleged acts. Expert analysis may help evaluate specialized evidence. An accusation should be assessed on its evidence rather than assumptions about either party.
Section 13-1407(E) provides the close-in-age defense when the other person is 15–17, the defendant is under 19 or attending high school, the defendant is no more than 24 months older, and the conduct is consensual. Section 13-1407(B) separately addresses qualifying cases where the defendant did not know and could not reasonably have known the age of a person who was 15–17.
Section 13-1407(D) recognizes the spouse defense to sexual conduct with a minor; § 13-1401 defines a spouse as legally married and cohabiting. Sections 13-1407(A) and (C) address lawful medical practice and qualifying emergency treatment separately. Lawful medical practice under subsection A should not be described as requiring an emergency in every case.
Counsel can assess whether statements or physical evidence were obtained in violation of constitutional protections and whether a motion to suppress is supported. A Miranda issue concerns custodial interrogation; the absence of a warning at arrest does not automatically dismiss a case.
When relevant, counsel may consider a psychosexual assessment or other mitigation material. Whether a polygraph is appropriate requires case-specific legal advice. Mitigation concerns the resolution or sentence and is not itself proof that the charged offense did not occur.
A case may begin with an investigation before charges are filed. After an arrest, an initial appearance addresses the charges, rights, and release conditions. A felony prosecution may proceed through an indictment or a preliminary hearing, followed by arraignment. Counsel reviews disclosures and potential motions, discusses any plea offer, and prepares for trial if the case is not otherwise resolved. A conviction is followed by sentencing.
The steps and timing depend on the case. An attorney can explain upcoming hearings and release conditions and assess the defenses supported by the evidence.
If you are being investigated or charged with sexual conduct with a minor, contact AZ Defenders for a free, confidential consultation. You do not need to wait until trial to seek legal advice. Our attorneys can review the alleged conduct, applicable law, evidence, and possible consequences and explain the next steps in your case.
Counsel may examine witness accounts, communications, physical evidence, timing, and whether the prosecution can prove the alleged acts. Specialized evidence may warrant expert analysis.
No. Miranda issues concern custodial interrogation. Counsel must examine the circumstances and whether a supported motion to suppress is available.
Mitigation concerns a possible resolution or sentence. It is not itself proof that the charged offense did not occur.
