Arizona statute
A.R.S. § 13-1406 — Sexual assault; classification; increased punishment
Current through 57th Legislature, 1st Regular Session (2025)
Part of Chapter 14: Sexual Offenses, Arizona Revised Statutes.
Criminal charges under this statute
Full text of A.R.S. § 13-1406
Statutory text current through the 57th Legislature, 1st Regular Session (2025). This publication reproduces the official statutory text published by the Arizona Legislature (Arizona Legislative Council compilation, azleg.gov); it is not the official statutes of the State of Arizona.
A. A person commits sexual assault by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent of such person.
B. Sexual assault is a class 2 felony, and the person convicted shall be sentenced pursuant to this section and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served or commuted. If the victim is under fifteen years of age, sexual assault is punishable pursuant to section 13-705. The presumptive term may be aggravated or mitigated within the range under this section pursuant to section 13-701, subsections C, D and E. If the sexual assault involved the intentional or knowing administration of flunitrazepam, gamma hydroxy butyrate or ketamine hydrochloride without the victim's knowledge, the presumptive, minimum and maximum sentence for the offense shall be increased by three years. The additional sentence imposed pursuant to this subsection is in addition to any enhanced sentence that may be applicable. The term for a first offense is as follows:
Minimum Presumptive Maximum
5.25 years 7 years 14 years
The term for a defendant who has one historical prior felony conviction is as follows:
Minimum Presumptive Maximum
7 years 10.5 years 21 years
The term for a defendant who has two or more historical prior felony convictions is as follows:
Minimum Presumptive Maximum
14 years 15.75 years 28 years
C. The sentence imposed on a person for a sexual assault shall be consecutive to any other sexual assault sentence imposed on the person at any time.
D. Notwithstanding section 13-703, section 13-704, section 13-705, section 13-706, subsection A and section 13-708, subsection D, if the sexual assault involved the intentional or knowing infliction of serious physical injury, the person may be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until at least twenty-five years have been served or the sentence is commuted. If the person was at least eighteen years of age and the victim was twelve years of age or younger, the person shall be sentenced pursuant to section 13-705.
Official sources
Legal terms used in this section
Questions this section answers
Is sexual assault a felony or a misdemeanor in Arizona?
Sexual assault is a Class 2 Felony in Arizona under A.R.S. § 13-1406.
Which Arizona statute covers sexual assault?
Sexual assault is governed by A.R.S. § 13-1406 (Sexual assault; classification; increased punishment).
This reference is informational and is not legal advice.