SEXUAL CONDUCT WITH A MINOR
Sexual Conduct with a Minor in Arizona A.R.S §13-1405
In the state of Arizona, a person can be convicted of A.R.S §13-1405 Sexual Conduct with a Minor if he or she commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person who is under 18 years of age. This is per A.R.S §13-1405.
It is important to understand that sexual intercourse is a broad term and included anything involving penetration. It depends on the age of the victim as to how a person is charged. If the victim is at least 15-years-old and has not reached their 18th birthday, then the charge is considered a class six felony. If the victim is 14-years-old or younger, then the charge is considered a class felony and also qualifies as Dangerous Crimes Against Children.
If you have been charged with Sexual Conduct with a Minor, it cannot be stressed enough how important it is that you reach out to a reputable law firm to handle your case. This type of charge is very serious and comes with the possibility of having to spend a significant amount of time behind bars. At the Dwane Cates Law Firm, we have a lot of experience in handling cases involving a Sexual Conduct with a Minor charge and we are confident we can approach your case to deliver the best outcome possible.
Understanding the Punishment for a Sexual Conduct with a Minor Conviction
If you are convicted of a class six felony of Sexual Conduct with a Minor first offense, the following sentences can be handed down to you:
- Zero up to 365 days in jail (or)
- Four months up to two years in prison
You will also have to register as a Sex Offender. In the state of Arizona, if you are a registered sex offender, you cannot under any circumstance have any contact with a person under the age of 18. This even applies to your children. There are hoops you can jump through to be able to contact your minor children, but these hoops are extensive and you also have to get permission from your Probation Officer.
If you are convicted of this charge and you have a prior felony conviction, then the following sentences can be handed down:
- Prison only range from nine months to 2.75 years
If you have two or more convictions, the prison only range then goes to:
- 2.25 years up to 5.75 years
If you are convicted of a first offense class two felony Sexual Conduct with a Minor, the possible punishment gets much more severe. If the victim of the case is either 12, 13, or 14 years of age, you have the possibility of being sentenced to:
- 13 years minimum in prison
- 20 years presumptive in prison
- 27 years maximum in prison
If you are convicted of more than one charge of Sexual Conduct with a minor, then your sentences must run consecutively. This means under no circumstance will you be able to serve out two or more sentences at the same time. It also means that the range of punishment is:
- 26 years minimum in prison
- 40 years presumptive in prison
- 54 years maximum in prison
You must serve 100 percent of your time before being eligible for release. And if you have had a prior conviction for a predicate offense, meaning this is not your first offense, then the minimums of this class two felony go to:
- 23 years in prison
- 30 years presumptive in prison
- 37 years maximum in prison
For each conviction you receive with a prior conviction for a predicate offense, your sentences will run consecutively.
If you are convicted of a class two felony of Sexual Conduct with a Minor and the child is 12-years-old or younger, then there are only two possible punishments that the judge can hand down:
- 20 years in prison
- 35 years to life in prison
Once again, if you are convicted of two charges and the judge hands down a 20-year sentence on each charge, then you will still have to serve them consecutively, meaning you will spend at least 40 years behind bars.