Tucson Statutory Rape Defense Lawyer

Statutory Rape Defense in Arizona

In Arizona, the "age of consent" (i.e. the minimum age a person must be in order to legally give consent) for sexual intercourse or oral sexual contact.  All sexual acts are unlawful without consent.  Since minor's cannot legally give consent, sexual conduct with a person under the age of 18 is a felony, and harshly prosecuted in Arizona.  If you or a loved one has been accused, arrested, or charged with a sex crime in Arizona, contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson criminal lawyer.

520-585-5757

PENALTIES FOR SEXUAL CONDUCT WITH A MINOR
The possible penalties for sexual conduct with a minor depend heavily on the age of the minor.  Sexual conduct with a minor 15 or older constitutes a Class 6 felony, punishable by a maximum sentence of two years in prison (for a person with no felony priors).  On the other hand, for a minor under the age of 15, sexual conduct with a minor is a Class 2 felony, and is punishable by a minimum of 13 and a maximum of 27 years in prison.  Sexual conduct with a minor 12 or under is punishable by a mandatory 35 years to life in prison.

DEFENSES TO SEXUAL CONDUCT WITH A MINOR

• False Accusations - No sexual conduct ever occurred, or ever occurred during a period when it was not lawful.  This can include fabrication, as well as misunderstandings of what actually happened.
• Reasonable Mistake of Age - If the defendant did not know of the minor's age, and reasonably could not know the age of the minor (minor must be at least 15 for defendant to assert this defense). 
• Marriage - If the defendant and minor were legally married at the time of the alleged offense, and the minor is at least 15, the defendant can assert that as a defense to
• Close-in-age Exemption - see more below

CLOSE IN AGE EXEMPTION
Sometimes referred to as a "Romeo and Juliet" law, a close-in-age exemption creates a narrow exception to the law for those very close in age.  In order for the close-in-age exception to apply, the older person would have to be 19 or younger, or still in high school, an no more than two years older than the younger person.  For example, a 19 year old engaging in sexual conduct with a 17 year old would fall within this exception.  Note that in Arizona, this law provides an affirmative defense, whereby the Defendant has the burden of proving that the criteria are met.  Charges can, and still often are, brought against people to whom the exemption may apply.

CAN A MINOR BE CHARGED WITH STATUTORY RAPE?
A person under 18 can be punished under Arizona's statutory rape laws.  Primarily, this law would be applied in situations where the younger minor is very young and/or the .  Such conduct constitutes a Class 2 felony.

RELATED OFFENSES

• ARS 13-1406 - Sexual Assault
• ARS 13-1409/1412/1419 - Unlawful Sexual Conduct
• ARS 13-1410 - Molestation of a Child
• ARS 13-1417 - Continuous Sexual Abuse of a Child
• ARS 13-1418 - Sexual Misconduct

If you or a loved one has been accused, arrested, or charged with a violation of sexual conduct with a minor, contact an attorney right away to determine the best and most effective way to protect your rights and liberty.  Speak to a Tucson Criminal Defense Attorney today about your case.  Consultations are free.  520-585-5757.

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Pima County Superior Court
Pima County Law Library
Pima County Clerk - Records Search

ARS 13-1405 - Sexual Conduct With a Minor
Arizona Revised Statutes - Criminal Code
ARS 13-1407 - Defenses