Arizona criminal charge
Sexual conduct with a minor in Arizona
Sexual conduct with a minor is a criminal offense under Arizona law, defined by A.R.S. § 13-1405. 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. § 13-1405.
What is the penalty for sexual conduct with a minor in Arizona?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 4 years to 10 years (Sexual conduct with a minor under fifteen years of age — Victim is under fifteen years of age (and not covered by the serious physical injury provision).; presumptive 5 years; mitigated 3 / aggravated 12.5 years available only on at least two mitigating/aggravating circumstances (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 conduct with a minor under fifteen years of age — Victim is under fifteen years of age (and not covered by the serious physical injury provision).; fine cap for an individual (13-801); drug and other offenses may set higher statute-specific amounts) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 6 months to 18 months (Sexual conduct with a minor at least fifteen years of age — Victim is at least fifteen years of age, with no aggravating age-gap or trust factors.; presumptive 1 year; mitigated .33 years / aggravated 2 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges; a class 6 felony may be designated a class 1 misdemeanor under 13-604) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Sexual conduct with a minor at least fifteen years of age — Victim is at least fifteen years of age, with no aggravating age-gap or trust factors.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 18 months to 36 months (Sexual conduct with a minor at least fifteen — older offender age gap — Victim is at least fifteen years of age and the offender is more than sixty months older than the victim and older than twenty-one years of age at the time of the offense, requiring one year in jail if probation is granted.; presumptive 2.5 years; mitigated 1 year / aggravated 3.75 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 conduct with a minor at least fifteen — older offender age gap — Victim is at least fifteen years of age and the offender is more than sixty months older than the victim and older than twenty-one years of age at the time of the offense, requiring one year in jail if probation is granted.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 4 years to 10 years (Sexual conduct with a minor at least fifteen — position of trust — Victim is at least fifteen years of age and the offender is or was in a position of trust with respect to the victim, with no eligibility for suspension of sentence, probation, pardon or release except as specifically authorized.; presumptive 5 years; mitigated 3 / aggravated 12.5 years available only on at least two mitigating/aggravating circumstances (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 conduct with a minor at least fifteen — position of trust — Victim is at least fifteen years of age and the offender is or was in a position of trust with respect to the victim, with no eligibility for suspension of sentence, probation, pardon or release except as specifically authorized.; fine cap for an individual (13-801); drug and other offenses may set higher statute-specific amounts) | discretionary | A.R.S. § 13-702 |
Applies to first felony offense, non-dangerous; presumptive term 5 years.
How is sexual conduct with a minor classified in Arizona?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Sexual conduct with a minor under fifteen years of age | Class 2 Felony | Victim is under fifteen years of age (and not covered by the serious physical injury provision). | A.R.S. § 13-1405B |
| Sexual conduct with a minor at least fifteen years of age | Class 6 Felony | Victim is at least fifteen years of age, with no aggravating age-gap or trust factors. | A.R.S. § 13-1405B |
| Sexual conduct with a minor at least fifteen — older offender age gap | Class 4 Felony | Victim is at least fifteen years of age and the offender is more than sixty months older than the victim and older than twenty-one years of age at the time of the offense, requiring one year in jail if probation is granted. | A.R.S. § 13-1405B |
| Sexual conduct with a minor at least fifteen — position of trust | Class 2 Felony | Victim is at least fifteen years of age and the offender is or was in a position of trust with respect to the victim, with no eligibility for suspension of sentence, probation, pardon or release except as specifically authorized. | A.R.S. § 13-1405B |
Common questions about sexual conduct with a minor in Arizona
Is sexual conduct with a minor a felony or a misdemeanor in Arizona?
It depends on the circumstances: sexual conduct with a minor ranges from a Class 6 Felony to a Class 2 Felony in Arizona under A.R.S. § 13-1405.
Sexual conduct with a minor under fifteen years of age: Class 2 Felony (A.R.S. § 13-1405B) · Sexual conduct with a minor at least fifteen years of age: Class 6 Felony (A.R.S. § 13-1405B) · Sexual conduct with a minor at least fifteen — older offender age gap: Class 4 Felony (A.R.S. § 13-1405B) · Sexual conduct with a minor at least fifteen — position of trust: Class 2 Felony (A.R.S. § 13-1405B)
What are the penalties for sexual conduct with a minor in Arizona?
Penalties for sexual conduct with a minor in Arizona depend on how it is classified — from a Class 6 Felony up to a Class 2 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 conduct with a minor?
Sexual conduct with a minor is governed by A.R.S. § 13-1405 (Sexual conduct with a minor; 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.