Arizona criminal charge
Unlawful sexual conduct in Arizona
Unlawful sexual conduct is a criminal offense under Arizona law, defined by A.R.S. § 13-1412. 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. § 13-1412.
What is the penalty for unlawful sexual conduct in Arizona?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 4 years to 10 years (Unlawful sexual conduct — victim under 15 — The victim is under fifteen years of age.; 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 (Unlawful sexual conduct — victim under 15 — The victim is under fifteen years of age.; 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 | 2.5 years to 7 years (Unlawful sexual conduct — victim 15 to under 18 — The victim is at least fifteen years of age but less than eighteen years of age.; 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 (Unlawful sexual conduct — victim 15 to under 18 — The victim is at least fifteen years of age but less than eighteen years of age.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 9 months to 24 months (Unlawful sexual conduct — all other cases — The victim is eighteen years of age or older, or otherwise not covered by the under-15 or 15-to-18 categories.; 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 (Unlawful sexual conduct — all other cases — The victim is eighteen years of age or older, or otherwise not covered by the under-15 or 15-to-18 categories.; 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 5 years.
How is unlawful sexual conduct classified in Arizona?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Unlawful sexual conduct — victim under 15 | Class 2 Felony | The victim is under fifteen years of age. | A.R.S. § 13-1412B |
| Unlawful sexual conduct — victim 15 to under 18 | Class 3 Felony | The victim is at least fifteen years of age but less than eighteen years of age. | A.R.S. § 13-1412B |
| Unlawful sexual conduct — all other cases | Class 5 Felony | The victim is eighteen years of age or older, or otherwise not covered by the under-15 or 15-to-18 categories. | A.R.S. § 13-1412B |
Common questions about unlawful sexual conduct in Arizona
Is unlawful sexual conduct a felony or a misdemeanor in Arizona?
It depends on the circumstances: unlawful sexual conduct ranges from a Class 5 Felony to a Class 2 Felony in Arizona under A.R.S. § 13-1412.
Unlawful sexual conduct — victim under 15: Class 2 Felony (A.R.S. § 13-1412B) · Unlawful sexual conduct — victim 15 to under 18: Class 3 Felony (A.R.S. § 13-1412B) · Unlawful sexual conduct — all other cases: Class 5 Felony (A.R.S. § 13-1412B)
What are the penalties for unlawful sexual conduct in Arizona?
Penalties for unlawful sexual conduct in Arizona depend on how it is classified — from a Class 5 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 unlawful sexual conduct?
Unlawful sexual conduct is governed by A.R.S. § 13-1412 (Unlawful sexual conduct; peace officers; classification; definitions).
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.