Tucson Criminal Defense Attorney Explains Sex Crimes ![]() The category of sex crimes covers a wide range of conduct that is usually sexually motivated, and may or may not involve sexual contact with another person. Because the conduct that falls into sex crimes can vary drastically, so can the potential punishment. All sex crimes are serious, and many sex crimes convictions result in lifetime sex offender registration, prison, and more. Sex crimes are aggressively prosecuted in both state and federal court, and are treated differently than other cases in many ways. In addition to having substantial resources dedicated to their investigation, enforcement, and prosecution, sex crimes have unique evidence rules that permit introducing evidence of the defendant's past conduct, as well as shielding the the alleged victim from information about their character coming into evidence. When facing sex crime charges, it is important to have an attorney who is dedicated, experienced, knowledgeable, and an accomplished trial lawyer. Contact the Tucson Defenders now for a FREE CONSULTATION with a criminal defense lawyer. 520-585-5757 ARIZONA SEXUAL ASSAULT LAW In Arizona, it is a Class 2 felony to engage in intercourse or oral sexual contact with another person without their consent. As a first offense, sexual assault is punishable by up to 14 years in prison. Sexual assault involving a minor under 15 is subject to sentencing as a dangerous crime against children. Other aggravating sentencing factors include: prior sexual assault conviction(s), use of "date rape" drugs, intentional infliction of serious physical injury. Some defenses to sexual assault include consent, false accusations, mistaken identity, lack of corroborating evidence, tainted evidence, no intercourse/oral sexual contact occurred, and more. ARIZONA SEXUAL ABUSE LAW Sexual abuse involves engaging in sexual contact (broader conduct than sexual assault) with another person without his or her consent. If the alleged victim is 15 years old or older, sexual abuse is a Class 5 Felony, and a elevated to a Class 3 felony if the alleged victim is under 15. Though less severe than sexual assault, sexual abuse also carries serious penalties, with lengthy prison sentences, and possible sex offender registry. Some defenses include consent (if the alleged victim is 18 or older), false accusations, no sexual contact occurred, mistaken identity, and more. ARIZONA MOLESTATION OF A CHILD LAW Sex crimes are punished harshly, especially sex crimes involving children. Under Arizona law, a person is guilty of child molestation if he or she intentionally or knowingly engages in sexual contact (except with the female breast) with a person under the age of 15. Child molestation defense can be especially difficult because of the societal condemnation of the allegation. In other words, the practical application of constitutional rights like the presumption of innocence and right to a trial by jury are not as effective at protecting the falsely accused. Molestation of a child is a Class 2 Felony in Arizona, and a person convicted of this charge faces 10, 17, 0r 24 years in prison. False accusations are the most common cause of mistaken charges under this section, and are unfortunately common in the context of divorce proceedings and child custody disputes. In some cases, children may be coached by a parent or other adult, and in others, a child may be acting out in response to other trauma, or sexual abuse by a different person. OTHER ARIZONA SEX CRIMES OFFENSES Some other Arizona sex crimes include: Statutory Rape, Sex Trafficking, Public Sexual Indecency, Unlawful Sexual Conduct, Sexual Conduct with a Minor, Adultery, Bestiality, Continuous Sexual Abuse of a Child, Violent Sexual Assault, Voyeurism, Unlawful Disclosure of Images Depicting Nudity/Sexual Activities, Sexual Extortion, Child Sex Trafficking, Production/Publication/Sale/Possession/Presentation of Obscene Items, Furnishing Harmful Items to Minors, Public Display of Explicit Sexual Materials, Obscene or Indecent Telephone Communications to Minors, Sexual Exploitation of a Minor, Luring a Minor for Sexual Exploitation, Portraying Adult as Minor, Admitting Minors to Public Displays of Sexual Conduct, and more. FEDERAL AGGRAVATED SEXUAL ABUSE LAW Certain serious sex offenses are prosecuted in federal court, and carry very long mandatory minimum sentences (see link below). Engaging in a sexual act with another person by force, by administration of an intoxicant (such as "date rape" drugs), or with a child on Federal lands or federal government property is a very serious crime, punishable by life imprisonment, and can even result in imposition of capital punishment (death penalty). Even with Arizona's very strict sex crimes and child sex crimes laws, the penalties for federal sex crimes are even more severe. While most federal offenses have a wide sentencing range, and take into account the defendant's criminal history, aggravated sexual abuse imposes extremely harsh punishments even for first offenders. There are many defenses to these charges including consent, false accusations, lack of evidence, mistaken identity and more. FEDERAL HUMAN TRAFFICKING LAWS Sex trafficking is the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purposes of a commercial sex act, induced by force, fraud, or coercion, or of a person under 18 years of age. Federal sex trafficking is punishable by 15 years to life in prison. Any person who obstructs or interferes with the enforcement of this law is also subject to up to 25 years in prison. In cases involving minors, the government is not required to prove that the defendant actually knew of the alleged victim's age. Sex trafficking has become a major enforcement priority for federal agencies, and involve sophisticated investigations, including the use of wiretaps, confidential informants, undercover agents, and more. SEXUAL CRIMES THAT CROSS STATE LINES (FEDERAL) When a sex crime involves more than one state, the federal government is more likely to bring charges. This can involve everything from sending or transporting child pornography across state lines, to bringing a person (including a minor) across state lines for sexual assault, sexual abuse, or sex trafficking. Although Arizona has some of the nation's toughest laws for sex offenses, federal charges are almost always punished even more severely. For federal sex crimes charges in Arizona or California, contact the Tucson Defenders to discuss your case, possible defenses, and to see how we can help protect your rights and liberty. OTHER FEDERAL SEX CRIMES Additional Federal sex crimes include: Federal Child Sexual Assault and Rape, Exploitation of a Child in a Sexual Manner, Sexual Abuse of a Minor or Ward, Purchase or Sale of a Child for Sexual Purposes, Possession or Distribution of Child Pornography, Sexual Abuse Causing Death, Sexual Crimes Occurring on Federal Land, and more. If you or a loved one is facing state or federal sex crimes, child sex crimes, or child pornography charges in Tucson or anywhere in Arizona, contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson Criminal Defense Attorney 520-585-5757 RELATED ARTICLES: Federal Criminal Defense Lawyer - Tucson Tucson Prostitution/Solicitation Lawyer Tucson Child Sex Crimes Lawyer Arizona Assault Crimes Attorney - Tucson
4 Comments
6/4/2022 10:17:12 am
False accusations are the most common cause of mistaken charges under this section, Thank you for taking the time to write a great post!
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6/4/2022 12:26:48 pm
Although Arizona has some of the nation's toughest laws for sex offenses, federal charges are almost always punished even more severely. Thank you for the beautiful post!
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6/21/2024 01:32:50 am
Thank you for this comprehensive overview of sex crimes law in Tucson. It's clear how crucial it is to have an experienced defense attorney when facing such serious charges, given the harsh penalties and unique legal challenges involved. The detailed explanations of various offenses and potential defenses are very informative. This resource is invaluable for anyone seeking to understand their legal rights and options in these difficult situations.
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