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Home › Blog › Sexual Conduct with a Minor in Arizona: ARS 13-1405
ARS 13-1405 makes it a crime for a person to intentionally or knowingly engage in sexual intercourse or oral sexual contact with a person under 18. The statute does not say that the accused must be at least 18, although the accused’s age can significantly affect the classification, sentencing and available statutory defenses.
The consequences vary based on the alleged victim’s age, the age difference, whether the accused occupied a position of trust, whether serious physical injury occurred and the accused’s criminal history.
AZ Defenders defends people who have been accused of sex crimes in Arizona. If you have been charged with sexual conduct with a minor under ARS 13-1405 or another sex crime and need legal help, call us at (480) 456-6400.
To convict under ARS 13-1405, the state must prove beyond a reasonable doubt that the accused:
The definitions in ARS 13-1401 are broader than the meanings these terms have in everyday conversation. The facts, physical evidence, digital evidence and witness testimony must be evaluated under those statutory definitions.
Consent is not a general defense merely because the alleged victim was 15, 16, or 17. ARS 13-1407 contains narrower defenses with specific conditions.
ARS 13-1405 uses three classifications for this age group. The following table identifies the statutory distinctions; it is not a prediction of the outcome in a particular case.
| Circumstance | Classification and rule |
| Ordinary classification for this age group | Class 6 felony. |
| Accused older than 21 and more than 60 months older than the minor | Class 4 felony; if probation is imposed under this provision, one year in jail is required. |
| Accused is or was in a statutory position of trust | Class 2 felony; ARS 13-1405 imposes restrictions on probation and release. |
For first non-dangerous felony prison sentences governed by ARS 13-702, class 6 carries 0.33 to 2 years, with a one-year presumptive term; class 4 carries 1 to 3.75 years, with a 2.5-year presumptive term; and class 2 carries 3 to 12.5 years, with a five-year presumptive term. The outer terms require statutory findings. These general ranges do not override the offense-specific rules or apply automatically to prior convictions or dangerous crimes against children.
The ordinary classification is a class 2 felony sentenced under ARS 13-705. The following distinctions are particularly important:
Age 12 cannot be grouped with ages 13 and 14 in a universal 13-to-27-year chart. Subsections B, C and E of ARS 13-705 have different conditions, including treatment of younger defendants tried as adults and conduct excluded from subsection B. Attempts, qualifying priors and multiple counts also require their own analysis.
For sexual conduct sentenced as a dangerous crime against children, ARS 13-705(P) generally requires consecutive sentences. The statute contains specific concurrent-sentence treatment for some sexual abuse convictions; that should not be confused with sexual conduct under ARS 13-1405. Multiple alleged acts can therefore create exposure far beyond the range for one count.
The state must still prove each charged act. Dates, locations, communications, and the factual basis for separating one count from another can become important litigation issues.
ARS 13-3821(A) lists sexual conduct with a minor among offenses requiring registration for covered convictions. Registration creates continuing reporting duties, distinct from the prison or probation sentence. Juvenile adjudications have different provisions, and subsections G and H provide potential court-ordered relief in specified circumstances; registration should not be described as automatically lifelong for every person.
ARS 13-719 requires a no-contact injunction at sentencing on the victim’s or prosecutor’s request for covered convictions, including a felony under Chapter 14. It generally lasts for the defendant’s lifetime, subject to the statute’s termination provisions. Release or probation orders may impose additional contact restrictions. A felony can suspend civil rights under ARS 13-904, and licensing or immigration consequences require separate review. A plea proposal should be evaluated for these effects rather than only for the stated prison or probation term.
ARS 13-1407 recognizes defenses in defined circumstances, including:
Each defense has precise requirements. Being close in age, attending the same school or believing that the other person was older does not automatically establish a defense.
Depending on the evidence, counsel may also investigate:
These are evidence issues, not guarantees of dismissal. They require careful review of discovery and the circumstances in which the allegation arose.
A felony case may proceed through an initial appearance, a preliminary hearing or grand jury process, arraignment, evidence disclosure and pretrial motions. At arraignment, the defendant enters a plea. Counsel reviews each alleged act, the age and trust allegations, digital evidence and any proposed resolution before trial or a change of plea.
Registration, no-contact conditions and exposure to consecutive sentences should be assessed before a plea is accepted. The Arizona Judicial Branch explains the general steps in a criminal case; the actual schedule and orders come from the court handling the case.
Do not contact the alleged victim, attempt to coordinate stories or delete messages, images or accounts. Do not consent to an interview or device search without understanding the legal consequences.
Ask counsel how to preserve relevant records without copying, downloading or forwarding potentially unlawful images. Do not send such material through a contact form. Comply with all release conditions and protection orders. Contact counsel before responding to detectives, school officials, or third parties gathering information for law enforcement.
An allegation under ARS 13-1405 creates immediate and long-term risk. Early representation allows counsel to protect communication rights, preserve evidence, evaluate statutory defenses, and prepare for charging or court proceedings.
AZ Defenders has over 150 years of combined experience and employs a board-certified criminal defense specialist. You can rely on us to do everything in our power to secure the best possible outcome on your behalf.
For a free consultation about your case, call us at (480) 456-6400 or use our contact form.