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Sexual Misconduct With A Minor Charges in Arizona?
Your Freedom Can't Wait.
Being accused of – let alone charged with – sexual misconduct with a minor can forever your change your life for the worse. It is crucial to make sure you have a lawyer on your side who is capable of fighting back against these accusations and protecting you from the criminal and collateral consequences of a conviction.
Arizona sets the age of consent at 18. Any intentional or knowing sexual intercourse or oral sexual contact with someone under 18 is a felony, regardless of apparent consent and even when the parties were in a relationship.
Under ARS 13-1405, the questions that matter are the minor’s actual age, the defendant’s relationship to the minor, and the existence of any statutory defense. The penalties range from a Class 6 felony, where probation remains possible, to a Class 2 dangerous crime against children that can carry life in prison with 35 years served before any release. Every conviction requires lifetime sex offender registration.
Matthew Lopez Law defends sexual conduct with a minor cases across Arizona. Contact our firm for a confidential consultation.
Under ARS 13-1405(A), a person commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person under 18 years of age. The statute defines its terms through ARS 13-1401:
The statute does not reach sexual contact short of intercourse or oral sexual contact. Contact with the genitals, anus, or breast without penetration or oral contact is prosecuted under sexual abuse (ARS 13-1404) or molestation of a child (ARS 13-1410), not this statute.
Consent by the minor is not a defense. Arizona treats ARS 13-1405 as a strict liability offense for consent purposes. The defendant’s belief that the minor was 18 or older is only a defense when the narrow statutory age-mistake defense under ARS 13-1407 applies.
The minor’s age, the defendant’s relationship to the minor, and the defendant’s prior record together determine the classification and sentencing range:
| Scenario | Classification | Sentencing Framework |
| Minor is under 15 | Class 2 felony DCAC | Sentenced under ARS 13-705; 13 to 27 years (victim 12-14); 35 years to life (victim under 12) |
| Minor is 15, 16, or 17 + defendant in position of trust | Class 2 felony (non-DCAC) | 3 mitigated / 4 min / 5 presumptive / 10 max / 12.5 aggravated years; no probation; no early release |
| Minor is 15, 16, or 17 + no position of trust | Class 6 felony | Probation possible; 4 months to 2 years prison (first offense) |
DCAC sentencing (victim under 15). Under ARS 13-705, sexual conduct with a minor under 15 is a dangerous crime against children. The sentence must be served at 100%, with no probation, no early release, and no parole. For a victim between 12 and 14, the range is 13 mitigated / 20 presumptive / 27 aggravated years. For a victim under 12, the sentence is life in prison with no release consideration until at least 35 years have been served.
Position-of-trust sentencing (victim 15-17). When the defendant held a qualifying position of trust, the offense is a Class 2 felony. The first-offense sentencing range is mitigated 3 years / minimum 4 years / presumptive 5 years / maximum 10 years / aggravated 12.5 years. Probation, suspension, pardon, and early release are all statutorily prohibited.
Class 6 felony first-offense range under ARS 13-702: 4 months mitigated / 6 months min / 1 year presumptive / 1.5 years max / 2 years aggravated. Probation remains an option absent aggravating factors.
ARS 13-1401(A)(2) defines the position of trust broadly. The list includes:
The position-of-trust classification transforms what would otherwise be a Class 6 felony into a Class 2 felony with mandatory prison.
Each distinct sexual act counts as a separate violation of ARS 13-1405. When multiple counts are filed, sentences generally run consecutively rather than concurrently. A single encounter involving both sexual intercourse and oral sexual contact can produce two consecutive sentences. Stacked sentences are routine in these cases.
ARS 13-1407(F) provides a narrow affirmative defense when all of the following apply:
The defense is unavailable if the victim is under 15, regardless of age proximity.
Under ARS 13-1407(B), the defendant may raise as a defense that they did not know and could not reasonably have known the victim’s age. This defense is available only for victims 15, 16, or 17 years old. Supporting evidence typically includes the venue where the parties met (adult bars, 21+ venues, dating apps requiring users to be 18+), the victim’s representations about their age, and the victim’s access to age-restricted products or services.
A conviction under ARS 13-1405 triggers mandatory sex offender registration under ARS 13-3821(A)(4). Registration is lifetime. Community notification applies based on the risk assessment level. Residency restrictions limit where the registrant can live, often prohibiting residence near schools, parks, daycare centers, and bus stops.
Identity and knowledge challenges. For the DCAC enhancement, the state must prove the victim was under 15 at the time of the conduct. Age verification, birth certificates, and forensic evidence all come into play.
Romeo and Juliet defense. When the statutory elements apply, this defense eliminates liability entirely. Documentation of the parties’ ages, the defendant’s school enrollment, and the consensual nature of the encounter are essential.
Attacking the act element. ARS 13-1405 requires sexual intercourse or oral sexual contact. Activities that do not meet these specific definitions may fall under a different statute with different penalties, or may not be chargeable at all.
False accusation investigation. False allegations surface in contested custody cases, broken relationships, and situations where the minor faced consequences for other conduct. Detailed investigation of motive, prior statements, and inconsistencies can defeat the charge.
Constitutional challenges. Miranda violations, coerced confessions, and unlawful searches all create suppression opportunities. Statements to law enforcement are often the strongest evidence and the most vulnerable to challenge.
Forensic evidence challenges. DNA evidence, SANE examinations, and digital forensics require expert review. Chain of custody issues, methodology challenges, and alternative interpretations of state findings can be case-dispositive.
Position-of-trust challenges. Whether the defendant actually held a position of trust at the relevant time is often contested. A former relationship, a role that had ended, or a categorization that does not cleanly fit the statutory definitions can all be challenged.
Sexual conduct with a minor charges demand immediate, confidential, and experienced defense. The consequences of conviction are among the most severe in Arizona law, with mandatory prison, mandatory lifetime registration, and potentially life sentences for the most serious classifications. We serve clients in Tempe, Mesa, Apache Junction, Lake Havasu, Parker, and statewide. Flat fees. Payment plans. Every interaction confidential.
Contact us for a free consultation.
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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