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SEX OFFENSES
all legal aspects of your case: I WILL PERSONALLY HANDLE YOUR CASE
Sexual Assault (Rape): A.R.S. §13-1406: Intentionally and knowingly engaging in sexual intercourse or oral sexual contact without consent over the age of 18. (Under 18 carries more severe penalties discussed below). This offense is commonly referred to as “Rape.” The defense of these charges usually comes down to the credibility of the accuser, as false allegations of rape are made. In Arizona, there are certain court rules that attempt to prevent any inquiry into the accuser’s past sexual conduct, otherwise known as the Rape Shield law. You need to hire an Attorney who has a complete understanding of these types of laws so that the background of the accuser is fully investigated and that all relevant evidence necessary for your defense is presented on your behalf. This offense is a Class 2 Felony. [Possible Sentence] Sexual Abuse: A.R.S. §13-1404: Intentionally and knowingly engaging in sexual contact (other than penetration or oral sexual contact described above under sexual assault) with another over the age of 15 without consent or under the age of 15 if the sexual contact only involves the female breast. As with sexual assault, the credibility of the accuser(s) must be fully investigated and defended against. This offense is a Class 5 felony if the accuser is 15 years or older and a Class 3 felony if under 15. [Possible Sentence] Solicitation of Prostitution: (Per City Code): Each city has its own municipal code making it illegal to offer money or other form of value in exchange for a sex act. Quite frequently, a sting operation is set up whereby an undercover police officer acts as a prostitute. The defense of entrapment must be fully explored. Perhaps it can be shown that the accused had no intent or predisposition to commit the offense but it was suggested by the undercover officer. This offense is a Class 1 misdemeanor. [Possible Sentence] Prostitution: A.R.S. §13-3211; §13-3214 and Per City Code: This offense makes it illegal to agree to perform a sex act for money or other form of value. The defense of entrapment must be fully explored. Perhaps it can be shown that the accused had no intent or predisposition to commit the offense but it was suggested by the undercover officer. This offense is a Class 1 misdemeanor. [Possible Sentence] Public Sexual Indecency: A.R.S. §13-1403: Intentionally and knowingly engaging in a sexual contact while another is present and the accused is reckless about whether a reasonable person at that time and place would be offended or alarmed by the act. Of course, the time, place, and setting must be fully explored. This offense is a Class 1 misdemeanor if the other person who witnessed the act was 18 or older and a Class 5 felony if under 18. [Possible Sentence] Indecent Exposure: A.R.S. §13-1402: Intentionally and knowingly exposing genitals, anus, or nipple of breast while another is present and the accused is reckless about whether a reasonable person at that time and place would be offended or alarmed by the act. The time, place and setting must be fully explored. This offense is a Class 1 misdemeanor if the other person who witnessed the act was 15 or older and a Class 6 felony if under 15. [Possible Sentence] Sexual Conduct with a Minor: A.R.S. §13-1405: Depending upon the age of the accuser, this offense can be a Class 6 or a more serious Class 2 Felony. This offense includes sexual intercourse, oral sexual contact, or sexual penetration. If the accuser is 15 or older, then the offense will be charged as a Class 6 Felony. If the accuser is younger than 15, then the offense will be charged as a Class 2 Felony. As false accusations have known to have been made, the allegations must be thoroughly investigated. [Possible Sentence] Child Molestation: A.R.S. §13-1410: Sexual contact, except for female breast, with another under the age of 15. This offense includes the touching directly, or indirectly (could include over clothing), fondling or manipulating of any part of the genitals or anus. As false accusations have known to have been made, the allegations must be thoroughly investigated. This offense is a Class 2 Felony. [Possible Sentence] Sexual Exploitation of a Minor (Child Pornography): A.R.S. §13-3553: Knowingly recording, filming, photographing, developing, duplicating, distributing, transporting, exhibiting, receiving, selling, purchasing, electronically transmitting, possessing or exchanging any visual, electronic, print or other depiction, in which a minor is engaged in sexual conduct. This is a vary serious offense, as the maximum penalty for a child pornography case in Arizona carries a higher maximum punishment than second degree murder. A thorough investigation of the computer must be made. Often an expert in computer forensics will be called to testify concerning evidence, or the lack thereof, as to whether the images were “knowingly” obtained. This requires an investigation into search terms used, e-mail traffic, and websites visited. Perhaps another individual was using the computer at the time the images were sent or received? Perhaps evidence shows the computer was “hacked” and used as a delivery port for child pornography. Perhaps an illegal search of the computer was conducted, leading to a suppression of the evidence. This offense is a Class 2 Felony. [Possible Sentence] Luring a Minor For Sexual Exploitation: A.R.S. §13-3554: Offering or soliciting sexual conduct with another person knowing or having reason to know the other person is a minor. This charge is now getting widespread news coverage as TV investigative reporters have set up their own sting operations, whereby the reporter goes onto a website were teens gather, such as myspace.com, pretending to be a teenager. When the adult attempts a meeting, they are caught on camera. A recent Arizona Supreme Court case has held that unless the purported victim is a police officer posing as a minor, the crime of luring requires that an actual minor be lured. When a police officer is involved, the defense of entrapment must be fully explored. Perhaps it can be shown that the accused had no intent or predisposition to commit the offense but it was suggested by the undercover officer. Usually the police will obtain a search warrant for the accused’s computer. A search of the computer is then conducted, which could lead to further charges for possession of child pornography. This offense is a Class 3 Felony. [Possible Sentence]
Failure to Register as a Sex Offender: A.R.S. §13-3821: If your crime is one of those listed under the statute requiring registration, whether committed in Arizona or any other jurisdiction, you must go to the Sheriff’s offense in the county where you reside within 10 days of the conviction or 10 days of entering and remaining in that county. Additionally, you must update your driver’s license every year, with a new photo. A failure to do so is a Class 1 Misdemeanor if you failed to obtain the driver’s license. Otherwise, the offense is a Class 4 Felony. [Possible Sentence]
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In addition to the severe
confinement sentences these charges carry, many of them carry
the lifelong stigma of being a registered sex offender. For
these reasons, these charges must be fully investigated and defended
vigorously. You should hire an Attorney who is willing to go all
out to zealously represent your interests by personally handling
