Phoenix Sexual Conduct with a Minor Defense Attorney

Being accused and convicted of Sexual Conduct with a Minor pursuant to Arizona Revised Statutes § 13-1405 is a potentially life altering event.

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 punishment for Sexual Conduct with a Minor pursuant to Arizona Revised Statutes § 13-1405 is dependent on the age of the alleged victim.  If they are 15 years or older (but still under 18), then a violation of Sexual Conduct with a Minor is a class six felony.  A person convicted of such an offense faces between 4 months and 2 years in prison, or potentially lifetime probation.

If you are convicted of Sexual Conduct of a Minor and the alleged victim is 15 years or older but you are or were in a position of trust, then Sexual Conduct with a Minor is a class two felony punishable by 3 to 12.5 years in prison.  Probation would not be available in such a situation.

If the alleged victim is younger than 15 years, then punishment is handled pursuant to the Dangerous Crimes Against Children statute, Arizona Revised Statutes § 13-705.  If the alleged victim is younger than 12 years, then a conviction leads to a life imprisonment with no possibility of release until 35 years of the sentence have been served.  If the alleged victim is younger than 12 years but the contact was masturbatory contact only, then a conviction leads to either a life imprisonment with no possibility of release until 35 years have passed or 13 to 27 calendar years in prison.  A calendar year sentence means that a person is serving “flat time” and cannot be released early.  The sentence will always be up to the judge to determine in these cases.

If the alleged victim is older than 12 but younger than 15 years, then a conviction leads to a mandatory prison sentence of 13 to 27 calendar years pursuant to Arizona Revised Statutes § 13-705(C).

Regardless of the age of the victim, a person convicted of Sexual Conduct with a Minor pursuant to Arizona Revised Statutes § 13-1405 must register as a sex offender for the remainder of their life.

When you are potentially facing a life imprisonment sentence, lifetime probation, and registration as a sex offender, you should be represented by attorneys with the knowledge and experience to defend your Sexual Conduct with a Minor case.  The attorneys at AZ Defenders will aggressively and effectively find any weakness in the government’s case against you and utilize the best defenses to ensure the best possible outcome for you.  Every criminal case is different, especially so when a sex crime is charged, but some defenses that AZ Defenders have successfully used to defend our clients include:

  • Challenging the alleged victim’s account of what happened through cross examination
  • Using experts to counter the government’s own child sexual abuse expert
  • Mitigation through the use of psychosexual risk assessments and polygraphs
  • Suppression of statements due to violations of the Fifth and Sixth Amendments to the United States Constitution (involuntary or coerced confessions; right to counsel violations; Miranda violations)
  • Suppression of physical evidence illegally seized in violation of the Fourth Amendment to the United States Constitution

You shouldn’t face spending the rest of your life in prison and other horrific consequences without speaking with the attorneys at AZ Defenders to figure out how to best defend your Sexual Misconduct with a Minor case.

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