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Sexual Abuse Charges in Arizona?
Your Freedom Can't Wait.
Matthew Lopez, founder of Matthew Lopez Law, PLLC, is an experienced, dedicated and aggressive Phoenix criminal defense attorney who represents clients charged with all types of sex offenses, including sexual abuse. Under Arizona law, “a person commits sexual abuse by intentionally or knowingly engaging in sexual contact with any person who is 15 or more years of age without the consent of that person or with any person who is under 15 years of age if the sexual contact involves only the female breast.” Sexual contact means any direct or indirect touching, fondling, or manipulating of any part of the genitals, anus or female breast by any part of the body or by any object causing a person to engage in such contact.
Sexual abuse under ARS 13-1404 covers a different category of conduct than sexual assault. Where sexual assault involves intercourse or oral sexual contact, sexual abuse involves sexual contact — touching, fondling, or manipulating the genitals, anus, or female breast without consent. No penetration is required.
The distinction doesn’t make it minor. If the victim is 15 or older, sexual abuse is a Class 5 felony with up to 2.5 years in prison. If the victim is under 15, it becomes a Class 3 felony classified as a dangerous crime against children — carrying 2.5 to 7.5 years on a first offense and requiring the defendant to serve 100% of the sentence with no early release.
Either way, a conviction requires sex offender registration if the victim is a minor and permanently alters your employment, housing, and personal relationships.
Matthew Lopez Law provides confidential defense for sexual abuse charges across Arizona. Call (602) 680-9793 for a free consultation. We answer 24/7.
The statute states that a person commits sexual abuse by intentionally or knowingly engaging in sexual contact with:
ARS 13-1401(A)(3) defines sexual contact as directly or indirectly touching, fondling, or manipulating any part of the genitals, anus, or female breast — by any part of the body or by any object — or causing another person to engage in such contact.
Several critical points about this definition:
Contact does not need to be skin-to-skin. Touching through clothing qualifies. Rubbing against someone in a way that constitutes sexual contact through their clothes meets the statutory definition.
Contact does not need to be direct. Using an object to make contact with prohibited areas, or causing the victim to touch themselves, both qualify.
Intent matters. The touching must be intentional or knowing — not accidental. Inadvertent contact in a crowded space, for example, is not sexual abuse. The prosecution must prove the defendant’s purpose or awareness.
Contact involving the genitals or anus of a minor under 15 is NOT charged under this statute — that conduct falls under ARS 13-1410 (child molestation), which carries even harsher penalties. ARS 13-1404 only covers contact with the female breast when the victim is under 15.
Under ARS 13-1404(B), consent is not a defense if the victim was 15, 16, or 17 years old and the defendant was in a position of trust. Arizona law defines position of trust broadly to include parents, stepparents, foster parents, adoptive parents, legal guardians, teachers, coaches, employers of the minor, clergymen, and anyone in a romantic relationship with the minor’s parent or guardian.
This provision means that even if a 17-year-old says the contact was consensual, the defendant cannot raise consent as a defense if they held a position of trust. The legislature created this exception specifically to address power imbalances between adults and older minors.
Victim 15 or older — Class 5 Felony:
| Prior Record | Minimum | Presumptive | Maximum |
| No priors | 6 months | 1.5 years | 2.5 years |
| One prior felony | 1 year | 2.25 years | 3.5 years |
| Two+ prior felonies | 3 years | 4.5 years | 7.5 years |
Probation is available for first-time offenders when the victim is 15 or older. This is one of the few sex offenses in Arizona where probation remains a possibility, and it’s a critical strategic target in defense negotiations.
Victim under 15 — Class 3 Felony (Dangerous Crime Against Children):
| Prior Record | Minimum | Presumptive | Maximum |
| No prior DCAC | 2.5 years | 5 years | 7.5 years |
| One prior DCAC | 8 years | 15 years | 22 years |
DCAC convictions require serving 100% of the prison sentence. No early release. No parole. No earned release credits that reduce the term below the imposed sentence. This is flat time.
Mandatory fine: Up to $150,000 under ARS 13-801.
Sex offender registration: Required if the victim is under 18. Registration is lifetime for many sexual abuse convictions and involves public notification of your name, photograph, address, and offense through the Arizona Department of Public Safety’s sex offender registry.
Sexual abuse charges originate from a wide range of circumstances — many of which involve ambiguity, misunderstanding, or outright fabrication:
Bar and nightlife incidents. Unwanted touching at clubs, bars, concerts, or parties. Alcohol-fueled environments produce conflicting accounts of what happened and whether contact was consensual, accidental, or unwelcome.
Workplace allegations. Touching characterized as sexual contact in professional settings. These cases often overlap with civil harassment claims and can be influenced by workplace politics and employment disputes.
Domestic and relationship contexts. Current or former intimate partners alleging sexual abuse. These allegations frequently surface during separation, divorce, or custody proceedings. The timing and context of the allegation are critical defense factors.
False reports during custody disputes. Sexual abuse allegations are a documented tactic in contested custody cases. The allegation shifts custody dynamics immediately — often before any investigation is complete — giving the accusing party leverage regardless of whether the claim has merit.
Misidentification of intent. Contact that was genuinely accidental, medical in nature, or lacked sexual motivation being characterized as sexual abuse after the fact. The prosecution must prove intentional or knowing sexual contact — not merely that contact occurred.
Consent (victim 15+, no position of trust). If the alleged victim is 15 or older and the defendant was not in a position of trust, consent is a complete defense. We investigate communications, relationship history, witness observations, and the sequence of events to establish consent.
Lack of sexual intent or motivation. ARS 13-1407 provides that a defendant may raise the defense that their conduct lacked sexual motivation. If the touching was accidental, medical, or otherwise non-sexual in nature, the prosecution cannot prove the offense.
False accusations. We aggressively investigate the accuser’s credibility, prior false reports, motives (custody, revenge, financial gain), and inconsistencies between their initial statement, subsequent interviews, and testimony. False allegations of sexual abuse are not uncommon, and we have the resources and experience to expose them.
Identity challenges. In cases involving strangers — bar encounters, concert crowds, public settings — the question of whether the right person was identified is paramount. Eyewitness identification, security footage, and witness testimony all factor into identity challenges.
Constitutional violations. If statements were obtained without Miranda warnings, through coercive interrogation, or if evidence was gathered through illegal searches, we move to suppress. In sex crime cases, a defendant’s own statements to police are often the most damaging evidence — and they’re frequently obtained before an attorney is present.
Age defense (ARS 13-1407). If the defendant did not know and could not reasonably have known the victim’s age, and the victim consented to the contact, this statutory defense may apply for victims who are 15-17.
Understanding the boundaries between Arizona’s sex crime statutes is critical for defense:
Sexual abuse (ARS 13-1404) involves sexual contact without consent. Sexual assault (ARS 13-1406) involves sexual intercourse or oral sexual contact without consent — a more serious offense with higher penalties and no probation.
Child molestation (ARS 13-1410) involves sexual contact with a child under 15 involving the genitals, anus, or any body part other than the female breast. This carries DCAC Class 2 felony penalties — far more severe than sexual abuse.
Public sexual indecency (ARS 13-1403) involves sexual contact performed in front of someone who would be offended. This is typically a Class 1 misdemeanor unless a minor under 15 is present.
If the prosecution has charged sexual abuse when the conduct more closely fits a lesser offense — or vice versa — the statutory classification is a defense issue. We analyze whether the charged offense matches the actual conduct.
Sexual abuse charges demand immediate, confidential legal representation. The investigation period before charges are filed is often the most important phase of the entire case — and it’s the phase where most defendants make their worst mistakes by talking to police without an attorney.
We serve clients in Tempe, Mesa, Lake Havasu, Chandler, Gilbert, Glendale, and statewide. Flat fees. Payment plans. Every interaction confidential.
Every minute counts when you’re facing criminal charges in Arizona. Whether you were just arrested or have court next week, our team is ready to start building your defense right now. We offer free consultations and can start protecting your rights today with flexible payment plans that work for your budget.
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