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The 

 

                                SEX CRIMES PRACTICE AREAS

 

                                                 

                                                      CONTACT SEX OFFENSES

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  • Sexual Assault

    • Marital Sexual Assault Allegations

    • Acquaintance Sexual Assault Allegations

    • Campus Sexual Assault Allegations

    • Date Rape Sexual Assault Allegations

    • Drug Facilitated Sexual Assault Allegations

    • Workplace Sexual Assault Allegations

    • Statutory Rape Sexual Assault Allegations

    • Teacher/Student Sexual Assault Allegations

    • Incapable of Consent Due to Intoxication Sex Assault Allegations

 

 

  • Sexual Abuse

    • Acquaintance Sexual Abuse Allegations

    • Campus Sexual Abuse Allegations

    • Drug Facilitated Sexual Abuse Allegations

    • Workplace Sexual Abuse Allegations

    • A position of Trust Sexual Abuse Allegations

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  • Molestation of a Child

    • Molestation Allegations by Offspring

    • Molestation Allegations by Siblings

    • Molestation Allegations by Friends

    • Molestation Allegations by Neighbors

    • Molestation Allegations by Students

    • Molestation Allegations by Athletes

    • Molestation Allegations by Pre-schoolers

    • Molestation Allegations by an Ex-spouse

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  • Sexual Conduct with a Minor

    • Sexual Conduct Allegations by Offspring

    • Sexual Conduct Allegations by Siblings

    • Sexual Conduct Allegations by Friends

    • Sexual Conduct Allegations by Neighbors

    • Sexual Conduct Allegations by Students

    • Sexual Conduct Allegations by Athletes

    • Sexual Conduct Allegations by Pre-schoolers

    • Sexual Conduct Allegations by an Ex-Spouse

 

 
 
 
NON-CONTACT SEX OFFENSES

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  • Indecent Exposure

    • Mooning Allegations

    • Flashing Allegations

    • Streaking Allegations

    • Accidental Exposures

    • Exhibitionism Allegations

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  • Public Sexual Indecency

    • Sexual Acts in Cars

    • Sexual Acts in Parks

    • Sexual Acts in the Privacy of Your Own Home

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  • Luring a Minor for Sexual Exploitation

    • Situations Where a Minor Lies About Their Age

    • Situation Where a Police Officers Poses as a Minor

    • Chat Room Situations

    • Face to Face Situations

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  • Sexual Exploitation of a Minor

    • BitTorrent Allegations

    • Peer-to-peer File Sharing Allegations

    • Accidental Download Situations​

    • Allegation Involving Internet Communications

    • Allegations Involving Communications Across State Lines

 

 

 
 
 
 
PROSTITUTION OFFENSES
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  • Prostitution

  • Pandering

  • Human Trafficking

  • Taking A Child for the Purpose of Prostitution

  • Child Sex Trafficking

  • Child Prostitution

 

 
 
 
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SEX OFFENDER REGISTRATION
 

 

  • Failure to Register Charges Pertaining to Arizona Convictions

  • Failure to Register Charges Pertaining to Out of State Convictions

  • Failure to Register Charges Pertaining to Federal Convictions

  • Failure to Register Charges Pertaining to Members of Indian Communities

  • Termination of Sex Offender Registration for Juveniles Convicted in Adult Court

 

 

LIFETIME SEX OFFENDER PROBATION
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  • Modification of Sex Offender Terms & Conditions of Probation

  • Sex Offender Probation Violation Hearings

  • Early Termination of Lifetime Sex Offender Probation

  • Youthful Sex Offender Annual Review Hearings

 

 

Arizona’s Sexual Assault statute, A.R.S. §13-1406, makes it illegal to intentionally or knowingly engage in sexual intercourse or have oral sex with another person without their consent. If convicted of Sexual Assault in Arizona, a person with no criminal history must be sentenced to a prison range of 5.25 to 7 to 14 years in prison. The prison time is a flat time sentence, which means no probation and no early release under any circumstances. A conviction for Sexual Assault requires Lifetime Registration as a Sex Offender unless the offender was a juvenile when the offending behavior was committed.

Molestation of a Child, A.R.S. §13-1410, is one of the most serious crimes a person can be charged with in Arizona. The crime is committed when a person intentionally or knowingly touches, directly or indirectly, the genitals or anus of a child under the age of 15. In 2018, Arizona’s legislature excluded from the molestation of a child statue touches made during caretaker responsibilities that an objective, reasonable person would recognize as normal under the circumstances. People convicted of Molestation of a Child must register as sex offenders. In addition, the offense is a Dangerous Crime Against Children, and a first-time offender must be sentenced to a prison range of 10 to 17 to 24 years in the department of corrections.

According to A.R.S. §13-1404, there are two distinct ways to commit sexual abuse in Arizona. The first way is to intentionally or knowingly touch, directly or indirectly, another male or female’s genitals or anus, or a female’s breast without their consent, and that person is fifteen years of age or older. The second way is to intentionally or knowingly touch the breast of a female under the age of fifteen. If the victim of the sexual abuse is under 18 years of age, then a conviction in Arizona requires registration as a sex offender for life, however, if the victim is 18 years of age or older, then the issue of registration is left to the discretion of the sentencing judge. Sexual abuse of a child under the age of 15 is a dangerous crime against children, and because of that, if the convicted person is sentenced to prison, they must serve an enhanced sentence between five to fifteen years in the department of corrections

Public nudity in Arizona is punishable as a crime, Indecent Exposure, pursuant to § A.R.S 13-1402. The exposure is punishable under the law when a man or woman exposes their genitals or anus, or when a woman exposes the areola or nipple of her breast in the presence of another person and the exposer is reckless about whether that other person, as a reasonable person would be alarmed or offended by the act. Unlike the Public Sexual Indecency statute, Indecent Exposure does not require a sex act. Indecent Exposure can be a misdemeanor or a felony depending on the age of the victim. If the victim is over fifteen it is a misdemeanor; if the victim is under fifteen it is a felony. Sex offender registration is left to the discretion of the sentencing judge for first-time offenders, while subsequent convictions can trigger mandatory sex offender registration requirements. 


Having sex in public in Arizona is punishable as a crime, Public Sexual Indecency, pursuant to A.R.S § 13-1403. A felony violation of the law occurs when a person intentionally or knowingly engages in an oral sex act, sexual intercourse, an act of masturbation or an act of bestiality if another person fifteen years of age or older is present and the person sexually acting out is reckless about whether the other person would be alarmed or offended by the act. Public Sexual Indecency to a minor does not even require that the minor be alarmed or offended by the sexual act, instead, it simply requires that the person sexually acting out is reckless about whether a minor under fifteen years of age is present (within viewing range) during the sexual act. Sex offender registration is left to the discretion of the sentencing judge for first-time offenders, while subsequent convictions can trigger mandatory registration requirements.


The crime of Luring a Minor for Sexual Exploitation, pursuant to §A.R.S. 13-3554, is committed when a person offers or solicits sexual conduct with another person knowing or having reason to know the other person is a minor. It is not a defense to luring that the other person is a police officer posing as a minor. If luring is committed against a 15, 16 or 17-year-old, then a first-time offender can receive probation, for a term up to lifetime or prison. If luring is committed against a minor under 15, a fictitious minor under fifteen, or a police officer posing as a minor under fifteen, then a first-time offender can receive probation, for a term up to life, or a prison sentence ranging from five to fifteen years. Irrespective of the age of the victim, a conviction for luring requires registration as a sex offender.

Arizona’s laws pertaining to Sexual Conduct with a Minor, A.R.S. §13-1405, are some of the harshest sex crimes laws in the country. In general, the law makes it illegal to engage in sexual intercourse or have oral sexual conduct with anyone under the age of eighteen. More specifically, the law has an array of harsh penalties based on the age of the victim and the relationship between the victim and the offender. If the victim is fifteen, sixteen or seventeen years old, then those convicted are eligible for probation, however, it could be lifetime probation, and registration as a sex offender is mandatory. If the relationship with the fifteen, sixteen or seventeen-year-old is classified as a position of trust (parent, teacher, coach or clergyman), then prison would be required if convicted. If the victim is under fifteen years of age, then the starting point is a mandatory sentencing range of thirteen to twenty-seven year in prison, with no early release. As the victim’s age decreases, the penalties for sexual conduct with a minor get harsher, with the sentence for offending against a minor under twelve requiring life imprisonment, and no possibility of early release until at least thirty-five years of the sentence has been served. Any conviction for Sexual Conduct with a Minor requires Registration as a Sex Offender.

In Arizona, the production and distribution of Child Pornography is punishable under the Sexual Exploitation of a Minor statute, pursuant to A.R.S. § 13-3554. The statute criminalizes recording, photographing or developing any visual depiction of a minor engaging in a wide assortment of sexual acts. The acts include intercourse, masturbation, bestiality, sadomasochistic abuse, displays of the genitals that simulate sexual conduct, defecation, and urination. The purpose of the acts at issue in the visual depictions must be to sexually stimulate the viewer. The sentencing judge has the discretion to place a first-time offender convicted of Sexual Exploitation of a Minor age fifteen, sixteen or seventeen  on probation for as little as seven years and up to lifetime probation or sentence that first-time offender to prison. If the minor depicted is under 15 years of age, then Sexual Exploitation of a Minor is a dangerous crime against children and a first-time offender must be sentenced to prison for a range of ten to twenty-four years.  In addition, the offender is not eligible for early release from prison on any basis. Under the Sexual Exploitation of a Minor statute, each visual depiction of a minor is treated as a separate count, and the sentence for each count must be consecutive to every other count. A conviction for Sexual Exploitation of a Minor requires Registration as a Sex Offender.

Convictions and attempted convictions of felony sexual offenses under chapter 14 and felony sexual exploitation of minor offenses under chapter 35.1 expose an offender to Lifetime Probation. If convicted of one of these offenses and placed on probation, pursuant to A.R.S. 13-902(E) the probation may be for life.

Arizona, like the federal government, and every other state government in the United States currently views Sex Trafficking as one of the great crime epidemics plaguing our nation. For that reason, Prostitution has been criminalized under the Pandering Statute- A.R.S. §13-3209, the Prostitution Statute - A.R.S. §13-3214 and the Child Sex Trafficking Statute - A.R.S. §13-3212. The crime of Pandering criminalized the human resource management side of the prostitution industry. The crime of Prostitution criminalized actual street-level prostitution for sellers and purchasers of sex acts. Child Sex Trafficking criminalized both the human resource management side of the Prostitution industry involving minors and street-level Prostitution for sellers and purchasers of sex acts with minors. The penalties for all types of Prostitution in Arizona have increased in recent years, with the greatest penalties for those who engage in Prostitution that has been categorized as Child Sex Trafficking. In such cases, where the offender knew or should have known the minor was fifteen, sixteen or seventeen years old, a first-time offender who engages in Prostitution with the minor, or a police officer posing as a minor, is not eligible for probation and is required to serve between seven to twenty-one years in prison. A person convicted of Child Sex Trafficking is not eligible for parole, pardon, or early release and any sentence must be consecutive to all other sentences.  In addition, in most cases of Child Sex Trafficking, a conviction requires Sex Offender Registration.  It is a defense to prosecution for Prostitution if the person committed the act constituting the Prostitution as a direct result of being a victim of Human Trafficking.

The general rule in Arizona is that if you are ordered to Register as a Sex Offender, then you must register for life. However, there are exceptions to the general rule for juveniles convicted of registration eligible offenses. Any duty to register of a juvenile convicted in juvenile court expires when the juvenile turns twenty-five. In addition juveniles convicted of sexual offenses in adult court may petition the court for a termination of their duty to register under one of several juvenile registration termination statutes. 

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