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Arizona statute

A.R.S. § 13-1412 — Unlawful sexual conduct; peace officers; classification; definitions

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. § 13-1412

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.R.S. § 13-1412Primary source, current through the 57th Legislature, 1st Regular Session (2025)
A. A peace officer commits unlawful sexual conduct by knowingly engaging in sexual contact, oral sexual contact or sexual intercourse with any person who is in the officer's custody or a person who the officer knows or has reason to know is the subject of an investigation. B. Unlawful sexual conduct with a victim who is under fifteen years of age is a class 2 felony. Unlawful sexual conduct with a victim who is at least fifteen years of age but less than eighteen years of age is a class 3 felony. All other unlawful sexual conduct is a class 5 felony. C. This section does not apply to either of the following: 1. Any direct or indirect touching or manipulating of the genitals, anus or female breast that occurs during a lawful search. 2. An officer who is married to or who is in a romantic or sexual relationship with the person at the time of the arrest or investigation. The following factors may be considered in determining whether the relationship between the victim and the defendant is currently a romantic or sexual relationship: (a) The type of relationship. (b) The length of the relationship. (c) The frequency of the interaction between the victim and the defendant. (d) If the relationship has terminated, the length of time since the termination. D. For the purposes of this section: 1. "Custody" includes the imposition of actual or constructive restraint pursuant to an on-site arrest, a court order or any contact in which a reasonable person would not feel free to leave. Custody does not include detention in a correctional facility, a juvenile detention facility or a state hospital. 2. "Peace officer" has the same meaning prescribed in section 1-215 but does not include adult or juvenile corrections or detention officers.

Official sources

Legal terms used in this section

Questions this section answers

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)

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).

This reference is informational and is not legal advice.