In Arizona, a minor is a person who is under the age of 18 years. According to A.R.S. § 13-1405, it is a crime for a person to “intentionally or knowingly engag[e] in sexual intercourse or oral sexual contact” with a minor.
Possible Penalties for Sexual Conduct with a Minor in Tucson, AZ
The offense is a felony, but the class of felony is dependent on the age of the minor, and the penalties are dependent on the class.
Class 6 Felony
If the alleged sexual conduct is with a minor who is 15, 16, or 17 years old, then the offense is a Class 6 felony. The range of punishment for a first offense includes probation with zero days in jail or 4 to 12 months in prison. If the convicted offender already has one allegeable prior conviction, the sentencing is “prison only” with a minimum of 9 months to a maximum of 2.75 years incarceration. If the convicted offender has 2 allegeable prior convictions, the sentencing is also “prison only” with a minimum of 2.25 years to a maximum of 5.75 years incarceration.
For first offenses, the penalty also requires the offender to register as a Sex Offender for the rest of her or her life. As a registered Sex Offender, you are not permitted for any reason to have contact with anyone who is under the age of 18, even if it is your own children. An exception can be made if you first undergo many tests and acquire the consent of your probation officer.
Class 2 Felony
If the alleged sexual conduct is with a minor who is 14 years old or younger, the offense is a Class 2 Felony. There is no option for probation only, even if it is the first offense. The range of incarceration time depends on (1) the age of the child; and (2) previous convictions.
If the child is 12, 13, or 14, a prison sentence could include a minimum of 13 years, a presumptive of 20 years, or a maximum of 27 years. The sentences can increase, however, in cases where:
- the offender is simultaneously convicted of two counts of sexual conduct with a minor, which means by law the charges are stacked so that the prison sentences will be served consecutively and not together, thus, the incarceration range is a minimum of 26 years, a presumptive of 40 years, or a maximum of 54 years.
- The offender was previously convicted of a predicate offense (e.g., Dangerous Crime Against a Child), the incarceration range is increased, resulting in a minimum of 23 years, a presumptive of 30 years, or a maximum of 37 years in prison.
- The child is 12 years old or younger, the sentence range provides only two options: (1) 20 years in prison; or (2) 35 years in prison, and this runs consecutively if there are any other simultaneous charges.
Many times these kinds of charges are brought on by false accusations. Regardless the cause of the charge, however, at Sherick Law PC, we fight from all angles to build a strategic defense for your case because a conviction of this offense has serious, life-changing consequences.
Criminal Defense Attorney in Tucson, AZ
If you are charged with sexual conduct with a minor, it is imperative that you retain an experienced, resourceful criminal defense attorney. Contact our criminal defense attorneys at Sherick Law PC today at (520) 318-3939 to schedule a consultation.