Arizona criminal charge
Sexual abuse in Arizona
Sexual abuse is a criminal offense under Arizona law, defined by A.R.S. § 13-1404. Its classification is not fixed: Arizona assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by A.R.S. § 13-1404.
What is the penalty for sexual abuse in Arizona?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 9 months to 24 months (Sexual abuse (victim 15 years or older, or under 15 involving only female breast) — Applies when the victim is not under fifteen years of age.; presumptive 1.5 years; mitigated 6 months / aggravated 2.5 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Sexual abuse (victim 15 years or older, or under 15 involving only female breast) — Applies when the victim is not under fifteen years of age.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 2.5 years to 7 years (Sexual abuse (victim under 15 years of age) — Applies when the victim is under fifteen years of age, punishable pursuant to section 13-705.; presumptive 3.5 years; mitigated 2 / aggravated 8.75 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Sexual abuse (victim under 15 years of age) — Applies when the victim is under fifteen years of age, punishable pursuant to section 13-705.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
Applies to first felony offense, non-dangerous; presumptive term 1.5 years.
How is sexual abuse classified in Arizona?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Sexual abuse (victim 15 years or older, or under 15 involving only female breast) | Class 5 Felony | Applies when the victim is not under fifteen years of age. | A.R.S. § 13-1404C |
| Sexual abuse (victim under 15 years of age) | Class 3 Felony | Applies when the victim is under fifteen years of age, punishable pursuant to section 13-705. | A.R.S. § 13-1404C |
Common questions about sexual abuse in Arizona
Is sexual abuse a felony or a misdemeanor in Arizona?
It depends on the circumstances: sexual abuse ranges from a Class 5 Felony to a Class 3 Felony in Arizona under A.R.S. § 13-1404.
Sexual abuse (victim 15 years or older, or under 15 involving only female breast): Class 5 Felony (A.R.S. § 13-1404C) · Sexual abuse (victim under 15 years of age): Class 3 Felony (A.R.S. § 13-1404C)
What are the penalties for sexual abuse in Arizona?
Penalties for sexual abuse in Arizona depend on how it is classified — from a Class 5 Felony up to a Class 3 Felony — with the ranges set by A.R.S. § 13-702; the full table of ranges by variant is published on this page.
Which Arizona statute covers sexual abuse?
Sexual abuse is governed by A.R.S. § 13-1404 (Sexual abuse; classification).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.