Sexual Conduct with a Minor: ARS 13-1405 Get the peace of mind that comes with an elite defense. Call Stewart Salwin.

Sexual Conduct with a Minor in Arizona: ARS 13-1405

What is Sexual Conduct with a Minor?

A.R.S. § 13-1405 punishes "sexual intercourse" or "oral sexual contact" with a minor under the age of eighteen. Sexual intercourse includes any sexual act involving "penetration." The severity of the crime increases exponentially if the minor in question is under the age of 15, and in that case the crime can be charged as "dangerous crime against children" (DCAC) under ARS 13-705.

This crime is commonly referred to as "statutory rape." If the victim in question is between the ages of 15 and 17, the defendant is facing a class 6 felony. However, if the defendant "is or was in a position of trust," then the defendant faces class 2 felony charges. If the victim is 14 years old or younger, the defendant will face class 2 felony charges.

A.R.S. § 13-1405 Defined

Under ARS 13-1405 "a person commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person who is under eighteen years of age."

What is a "Dangerous Crime Against Children"?

ARS 13-705 is a special sentencing scheme in Arizona for particular offenses against children who are below 15 years of age. When a crime is charged as a DCAC offense, it carries a mandatory prison term even if this is the first time the defendant was ever charged with a crime.

If a crime is charged as a DCAC, the defendant is required to serve 100% of their sentence and is not eligible for suspension of sentence.

Penalties for Sexual Conduct with a Minor

The penalties for a conviction under ARS 13-1405 vary widely depending on the age of the victim.

Victim's age is 15-17: A class 6 felony

  • First time offender: Probation eligible. Or .33 to 2 years in prison
  • Defendant with one prior felony: Must be sentenced to prison for a term between .75 and 2.75 years
  • Defendant with two prior felonies: Must be sentenced to prison for a term between 2.25 and 5.75 years.
  • Sex offender terms
  • Must register as a sex offender

Victim's age is 12-14: A class 2 felony (DCAC)

  • Mandatory prison term between 13 and 27 years.
  • If the defendant is convicted of more than one count the prison terms are "stacked" on top of each other, so they must be served back-to-back.
  • If the defendant has "predicate felony" the prison range is between 23 and 37 years.
  • Must register as a sex offender

Victim is under 12:

  • 35 years to life in prison

Defenses to Sexual Conduct with a Minor

If you have been charged with sexual conduct with a minor, or if you are under police investigation for these charges, reaching out to skilled sex crimes attorney is your best option.

  • False Allegations: Unfortunately, it can often be the case that during divorce proceedings false criminal accusations can be leveled against a spouse in order to try to help during a contentious custody battle. We have seen this happen more than once, and there are various steps that can be taken to help discredit the underlying allegations. Our investigation can review the background of the accuser to determine any propensity for lying. It may also be advisable for the accused to undergo a confidential polygraph examination which can then be presented to the police or prosecutor to combat the charges. Any physical evidence must also be reviewed to determine whether there are forensic issues that casts doubt on its credibility.

How Salwin Law Group Can Help You

Charges for sexual conduct with a minor under ARS 13-1405 are gravely serious charges. Even a baseless allegation can ruin your life if an overzealous police investigator takes the charges seriously. If you believe you are under investigation for allegations of sexual misconduct or if you have been charged with a sex crime, call an attorney immediately. Stewart Salwin is a felony prosecutor and graduated cum laude from Harvard Law School. We have represented clients in sex crimes cases and sexual conduct with a minor charges, and know the system inside and out.

When you receive serious charges, you deserve an elite defense. We offer free consultation and can discuss your case with you today. Together we can help you get your life back.

Call Salwin Law Group PLLC today at (480) 470-6119, or contact us online to make your appointment.

Client Testimonials

  • “His personable approach during a stressful time was definitely what was needed.”

    - Lionel
  • “I was able to get my charges lowered, and I have Stewart to thank!”

    - John C.
  • “The outcome was very favorable!”

    - Dasey D.

Why Choose My Firm?

  • Free Criminal Defense Consultations
  • Harvard Law School Graduate
  • 10/10 Avvo Rating
  • Former Felony Prosecutor
  • 75+ Trials Won
  • 1000+ DUIs Handled

Schedule Your 
Free Defense Consultation

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.