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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Criminal Code
Chapter : SEXUAL OFFENSES
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13-1401 Definitions
In this chapter, unless the context otherwise requires:
1. "Oral sexual contact" means oral contact with the penis, vulva or anus.
2. "Sexual contact" means any direct or indirect touching, fondling or manipulating
of any part of the genitals, anus or female breast by any part of the body or by any
object or causing a person to engage in such contact.
3. "Sexual intercourse" means penetration into the penis, vulva or anus by any part
of the body or by any object or masturbatory contact with the penis or vulva.
4. "Spouse" means a person who is legally married and cohabiting.
5. "Without consent" includes any of the following:
(a) The victim is coerced by the immediate use or threatened use of force against a
person or property.
(b) The victim is incapable of consent by reason of mental disorder, mental defect,
drugs, alcohol, sleep or any other similar impairment of cognition and such condition is
known or should have reasonably been known to the defendant. For purposes of this
subdivision, "mental defect" means the victim is unable to comprehend the distinctively
sexual nature of the conduct or is incapable of understanding or exercising the right to
refuse to engage in the conduct with another.
(c) The victim is intentionally deceived as to the nature of the act.
(d) The victim is intentionally deceived to erroneously believe that the person is
the victim's spouse.
13-1402 Indecent exposure; classifications
A. A person commits indecent exposure if he or she exposes his or her genitals or
anus or she exposes the areola or nipple of her breast or breasts and another person is
present, and the defendant is reckless about whether such other person, as a reasonable
person, would be offended or alarmed by the act.
B. Indecent exposure is a class 1 misdemeanor. Indecent exposure to a person under
the age of fifteen years is a class 6 felony.
13-1403 Public sexual indecency; public sexual indecency to a minor; classifications
A. A person commits public sexual indecency by intentionally or knowingly engaging
in any of the following acts, if another person is present, and the defendant is reckless
about whether such other person, as a reasonable person, would be offended or alarmed by
the act:
1. An act of sexual contact.
2. An act of oral sexual contact.
3. An act of sexual intercourse.
4. An act involving contact between the person's mouth, vulva or genitals and the
anus or genitals of an animal.
B. A person commits public sexual indecency to a minor if he intentionally or
knowingly engages in any of the acts listed in subsection A and such person is reckless
whether a minor under the age of fifteen years is present.
C. Public sexual indecency is a class 1 misdemeanor. Public sexual indecency to a
minor is a class 5 felony.
13-1404 Sexual abuse; classifications
A. A person commits sexual abuse by intentionally or knowingly engaging in sexual
contact with any person fifteen or more years of age without consent of that person or
with any person who is under fifteen years of age if the sexual contact involves only the
female breast.
B. Sexual abuse is a class 5 felony unless the victim is under fifteen years of age
in which case sexual abuse is a class 3 felony punishable pursuant to section 13-604.01.
13-1405 Sexual conduct with a minor; classifications
A. A person commits sexual conduct with a minor by intentionally or knowingly
engaging in sexual intercourse or oral sexual contact with any person who is under
eighteen years of age.
B. Sexual conduct with a minor who is under fifteen years of age is a class 2
felony and is punishable pursuant to section 13-604.01. Sexual conduct with a minor who
is at least fifteen years of age is a class 6 felony. Sexual conduct with a minor who is
at least fifteen years of age is a class 2 felony if the person is the minor's parent,
stepparent, adoptive parent, legal guardian or foster parent and the convicted 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 has been served or commuted.
13-1406 Sexual assault; classification;increased punishment
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 13-604.01. The presumptive term may be aggravated or mitigated within the range under this section pursuant to section 13-702, subsections B, C and D. 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 sections 13-604 and 13-604.01, 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 13-604.01, subsection A.
13-1407 Defenses
A. It is a defense to a prosecution pursuant to sections 13-1404 and 13-1405
involving a minor if the act was done in furtherance of lawful medical practice.
B. It is a defense to a prosecution pursuant to sections 13-1404 and 13-1405 in
which the victim's lack of consent is based on incapacity to consent because the victim
was fifteen, sixteen or seventeen years of age if at the time the defendant engaged in
the conduct constituting the offense the defendant did not know and could not reasonably
have known the age of the victim.
C. It is a defense to a prosecution pursuant to section 13-1402, 13-1404, 13-1405
or 13-1406 if the act was done by a duly licensed physician or registered nurse or a
person acting under the physician's or nurse's direction, or any other person who renders
emergency care at the scene of an emergency occurrence, the act consisted of
administering a recognized and lawful form of treatment that was reasonably adapted to
promoting the physical or mental health of the patient and the treatment was administered
in an emergency when the duly licensed physician or registered nurse or a person acting
under the physician's or nurse's direction, or any other person rendering emergency care
at the scene of an emergency occurrence, reasonably believed that no one competent to
consent could be consulted and that a reasonable person, wishing to safeguard the welfare
of the patient, would consent.
D. It is a defense to a prosecution pursuant to section 13-1404 or 13-1405 that the
person was the spouse of the other person at the time of commission of the act. It is
not a defense to a prosecution pursuant to section 13-1406 that the defendant was the
spouse of the victim at the time of commission of the act.
E. It is a defense to a prosecution pursuant to section 13-1404 or 13-1410 that the
defendant was not motivated by a sexual interest. It is a defense to a prosecution
pursuant to section 13-1404 involving a victim under fifteen years of age that the
defendant was not motivated by a sexual interest.
F. It is a defense to a prosecution pursuant to section 13-1405 if the victim is
fifteen, sixteen or seventeen years of age, the defendant is under nineteen years of age
or attending high school and is no more than twenty-four months older than the victim and
the conduct is consensual. 13-1408 Adultery; classification; punishment; limitation on prosecution
A. A married person who has sexual intercourse with another than his or her spouse,
and an unmarried person who has sexual intercourse with a married person not his or her
spouse, commits adultery and is guilty of a class 3 misdemeanor. When the act is
committed between parties only one of whom is married, both shall be punished.
B. No prosecution for adultery shall be commenced except upon complaint of the
husband or wife.
13-1410 Molestation of child; classification
A. A person commits molestation of a child by intentionally or knowingly engaging
in or causing a person to engage in sexual contact, except sexual contact with the female
breast, with a child under fifteen years of age.
B. Molestation of a child is a class 2 felony that is punishable pursuant to
section 13-604.01.
13-1413 Capacity of minor sexual assault victim to consent to medical examination
Notwithstanding any other provision of the law, when it is not possible to contact
the parents or legal guardian within the short time span in which the examination should
be conducted a minor twelve years of age or older alleged to be the victim of a violation
of section 13-1406 may give consent to hospital, medical and surgical examination,
diagnosis and care in connection with such violation. Such consent shall not be subject
to incapacity because of the victim's age. The consent of the parent, parents or legal
guardian of such minor shall not be necessary to authorize such hospital, medical and
surgical examination, diagnosis and care, and such parent, parents or legal guardian
shall not be liable for payment for any services rendered pursuant to this section.
13-1414 Expenses of investigation
Any medical expenses arising out of the need to secure evidence that a person has
been the victim of a dangerous crime against children as defined in section 13-604.01 or
a sexual assault shall be paid by the county in which the offense occurred.
13-1415 Human immunodeficiency virus and sexually transmitted disease testing; victim's rights; petition; definitions
A. A defendant, including a defendant who is a minor, who is alleged to have
committed a sexual offense or another offense involving significant exposure is subject
to a court order that requires the defendant to submit to testing for the human
immunodeficiency virus and other sexually transmitted diseases and to consent to the
release of the test results to the victim.
B. Pursuant to subsection A of this section, the prosecuting attorney, if requested
by the victim, or, if the victim is a minor, by the parent or guardian of the minor,
shall petition the court for an order requiring that the person submit a specimen, to be
determined by the submitting entity, for laboratory testing by the department of health
services or another licensed laboratory for the presence of the human immunodeficiency
virus and other sexually transmitted diseases. The court, within ten days, shall
determine if sufficient evidence exists to indicate that significant exposure
occurred. If the court makes this finding or the act committed against the victim is a
sexual offense it shall order that the testing be performed in compliance with rules
adopted by the department of health services. The prosecuting attorney shall provide the
victim's name and last known address of record to the department of health services for
notification purposes. The victim's name and address are confidential, except that the
department of health services may disclose the information to a local health department
for victim notification purposes.
C. After a specimen has been tested pursuant to subsection B of this section, the
laboratory that performed the test shall report the results to the submitting entity.
D. The submitting entity shall provide the results to the department of health
services or a local health department. The department of health services or a local
health department shall notify the victim of the results of the test conducted pursuant
to subsection B of this section and shall counsel the victim regarding the health
implications of the results.
E. The submitting entity or the department of health services shall notify the
person tested of the results of the test conducted pursuant to subsection B of this
section and shall counsel the person regarding the health implications of the
results. If the submitting entity does not notify the person tested of the test results,
the submitting entity shall provide both the name and last known address of record of the
person tested and the test results to the department of health services or a local health
department for notification purposes.
F. Notwithstanding any other law, copies of the test results shall be provided only
to the victim of the crime, the person tested, the submitting entity and the department
of health services.
G. For the purposes of this section:
1. "Sexual offense" means oral sexual contact, sexual contact or sexual intercourse
as defined in section 13-1401.
2. "Sexually transmitted diseases" means:
(a) Chlamydia.
(b) Genital herpes.
(c) Gonorrhea.
(d) Syphilis.
(e) Trichomonas.
3. "Significant exposure" means contact of the victim's ruptured or broken skin or
mucous membranes with a person's blood or body fluids, other than tears, saliva or
perspiration, of a magnitude that the centers for disease control have epidemiologically
demonstrated can result in transmission of the human immunodeficiency virus.
4. "Submitting entity" means one of the following:
(a) A local health department.
(b) A health unit of the state department of corrections.
(c) A health unit of any detention facility.
(d) A physician licensed pursuant to title 32, chapter 13, 17 or 29.
13-1416 Admissibility of minor's statement; notice
A. Except as otherwise provided in title 8, a statement made by a minor who is
under the age of ten years describing any sexual offense or physical abuse performed
with, on or witnessed by the minor, which is not otherwise admissible by statute or court
rule, is admissible in evidence in any criminal or civil proceeding if both of the
following are true:
1. The court finds, in an in camera hearing, that the time, content and
circumstances of the statement provide sufficient indicia of reliability.
2. Either of the following is true:
(a) The minor testifies at the proceedings.
(b) The minor is unavailable as a witness, provided that if the minor is
unavailable as a witness, the statement may be admitted only if there is corroborative
evidence of the statement.
B. A statement shall not be admitted under this section unless the proponent of the
statement makes known to the adverse party his intention to offer the statement and the
particulars of the statement sufficiently in advance of the proceedings to provide the
adverse party with a fair opportunity to prepare to meet the statement.
13-1417 Continuous sexual abuse of a child; classification
A. A person who over a period of three months or more in duration engages in three
or more acts in violation of section 13-1405, 13-1406 or 13-1410 with a child under
fourteen years of age is guilty of continuous sexual abuse of a child.
B. Continuous sexual abuse of a child is a class 2 felony and is punishable
pursuant to section 13-604.01.
C. To convict a person of continuous sexual abuse of a child, the trier of fact
shall unanimously agree that the requisite number of acts occurred. The trier of fact
does not need to agree on which acts constitute the requisite number.
D. Any other felony sexual offense involving the victim shall not be charged in the
same proceeding with a charge under this section unless the other charged felony sexual
offense occurred outside the time period charged under this section or the other felony
sexual offense is charged in the alternative. A defendant may be charged with only one
count under this section unless more than one victim is involved. If more than one
victim is involved, a separate count may be charged for each victim.
13-1418 Sexual misconduct; behavioral health professionals; classification
A. A behavioral health professional licensed pursuant to title 32, chapter 33 or a
psychiatrist or psychologist licensed pursuant to title 32, chapter 13, 17 or 19.1
commits sexual misconduct by intentionally or knowingly engaging in sexual intercourse
with a client who is currently under the care or supervision of the licensed behavioral
health professional, psychiatrist or psychologist.
B. Sexual misconduct by a licensed behavioral health professional, psychiatrist or
psychologist is a class 6 felony.
C. This section does not apply to any act of sexual conduct that occurs between a
licensed behavioral health professional, psychiatrist or psychologist and a client after
the client has completed a course of treatment or if the client is not under the care of
the licensed behavioral health professional, psychiatrist or psychologist. 13-1419 Unlawful sexual conduct; correctional employees; persons in custody; classification
A. A person who is employed by the state department of corrections, the department
of juvenile corrections, a private prison facility or a city or county jail or who
contracts to provide services with the state department of corrections, the department of
juvenile corrections, a private prison facility or a city or county jail commits unlawful
sexual conduct by engaging in oral sexual contact, sexual contact or sexual intercourse
with a person who is in the custody of the state department of corrections, the
department of juvenile corrections, a private prison facility or a city or county jail or
with an offender who is under the supervision of either department or a city or county.
B. A prisoner who is in the custody of the state department of corrections, a
private prison facility or a city or county jail or an offender who is on release status
and who is under the supervision of the state department of corrections or a city or
county commits unlawful sexual conduct by engaging in oral sexual contact, sexual contact
or sexual intercourse with a person who is employed by the state department of
corrections, a private prison facility or a city or county jail or who contracts to
provide services with the state department of corrections, a private prison facility or a
city or county jail.
C. This section does not apply to:
1. A person who is employed by the state department of corrections, a private
prison facility or a city or county jail or who contracts to provide services with the
state department of corrections, a private prison facility or a city or county jail or an
offender who is on release status if the person was lawfully married to the prisoner or
offender on release status before the prisoner or offender was sentenced to the state
department of corrections or was incarcerated in a city or county jail.
2. An offender who is on release status and who was lawfully married to a person
who is employed by the state department of corrections, a private prison facility or a
city or county jail or who contracts to provide services with the state department of
corrections, a private prison facility or a city or county jail if the marriage occurred
prior to the offender being sentenced to the state department of corrections or
incarcerated in a city or county jail.
D. Unlawful sexual conduct with a person under the age of fifteen is a class 2
felony. Unlawful sexual conduct with a person between the ages of fifteen and seventeen
is a class 3 felony. All other unlawful sexual conduct is a class 5 felony.
13-1420 Sexual offense; evidence of similar crimes; definition
A. If the defendant is charged with committing a sexual offense, the court may
admit evidence that the defendant committed past acts that would constitute a sexual
offense and may consider the bearing this evidence has on any matter to which it is
relevant.
B. This section does not limit the admission or consideration of evidence under any
court rule.
C. For the purposes of this section, "sexual offense" means any of the following:
1. Sexual abuse in violation of section 13-1404.
2. Sexual conduct with a minor in violation of section 13-1405.
3. Sexual assault in violation of section 13-1406.
4. Sexual assault of a spouse if the offense was committed before the effective
date of this amendment to this section.
5. Molestation of a child in violation of section 13-1410.
6. Continuous sexual abuse of a child in violation of section 13-1417.
7. Sexual misconduct by a behavioral health professional in violation of section
13-1418.
8. Commercial sexual exploitation of a minor in violation of section 13-3552.
9. Sexual exploitation of a minor in violation of section 13-3553. 13-1421 Evidence relating to victim's chastity; pretrial hearing
A. Evidence relating to a victim's reputation for chastity and opinion evidence
relating to a victim's chastity are not admissible in any prosecution for any offense in
this chapter. Evidence of specific instances of the victim's prior sexual conduct may be
admitted only if a judge finds the evidence is relevant and is material to a fact in
issue in the case and that the inflammatory or prejudicial nature of the evidence does
not outweigh the probative value of the evidence, and if the evidence is one of the
following:
1. Evidence of the victim's past sexual conduct with the defendant.
2. Evidence of specific instances of sexual activity showing the source or origin
of semen, pregnancy, disease or trauma.
3. Evidence that supports a claim that the victim has a motive in accusing the
defendant of the crime.
4. Evidence offered for the purpose of impeachment when the prosecutor puts the
victim's prior sexual conduct in issue.
5. Evidence of false allegations of sexual misconduct made by the victim against
others.
B. Evidence described in subsection A shall not be referred to in any statements to
a jury or introduced at trial without a court order after a hearing on written motions is
held to determine the admissibility of the evidence. If new information is discovered
during the course of the trial that may make the evidence described in subsection A
admissible, the court may hold a hearing to determine the admissibility of the evidence
under subsection A. The standard for admissibility of evidence under subsection A is by
clear and convincing evidence.
13-1422 Sexually oriented businesses; hours of operation; classification; definitions
A. An adult arcade, adult bookstore or video store, adult cabaret, adult motion
picture theater, adult theater, escort agency or nude model studio shall not remain open
at any time between the hours of 1:00 a.m. and 8:00 a.m. on Monday through Saturday and
between the hours of 1:00 a.m. and 12:00 noon on Sunday.
B. A violation of this section is a class 1 misdemeanor.
C. This section does not prohibit counties or municipalities from enacting and
enforcing ordinances that regulate sexually oriented businesses in a manner that is at
least as restrictive as subsection A of this section.
D. For the purposes of this section:
1. "Adult arcade" has the same meaning prescribed in section 11-821.
2. "Adult bookstore or video store" has the same meaning prescribed in section
11-821.
3. "Adult cabaret" excludes any establishment licensed under title 4 and includes
any nightclub, bar, restaurant or other similar commercial establishment that regularly
features:
(a) Persons who appear in a state of nudity or who are seminude.
(b) Live performances that are characterized by the exposure of specific anatomical
areas or specific sexual activities.
(c) Films, motion pictures, videocassettes, slides or other photographic
reproductions that are characterized by the depiction or description of specific sexual
activities or specific anatomical areas.
4. "Adult motion picture theater" has the same meaning prescribed in section
11-821.
5. "Adult theater" has the same meaning prescribed in section 11-821.
6. "Escort" means a person who for consideration agrees or offers to act as a
companion, guide or date for another person or who agrees or offers to privately model
lingerie or to privately perform a striptease for another person.
7. "Escort agency" means a person or business association that furnishes, offers to
furnish or advertises the furnishing of escorts as one of its primary business purposes
for any fee, tip or other consideration.
8. "Nude model studio" has the same meaning prescribed in section 11-821.
9. "Nude", "nudity" or "state of nudity" has the same meaning prescribed in section
11-821.
10. "Seminude" has the same meaning prescribed in section 11-821.
11. "Specific anatomical areas" has the same meaning prescribed in section 11-821.
12. "Specific sexual activities" has the same meaning prescribed in section 11-821.
13-1423 Violent sexual assault; natural life sentence
A. A person is guilty of violent sexual assault if in the course of committing an
offense under section 13-1404, 13-1405, 13-1406 or 13-1410 the offense involved the
discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or
involved the intentional or knowing infliction of serious physical injury and the person
has a historical prior felony conviction for a sexual offense under this chapter or any
offense committed outside this state that if committed in this state would constitute a
sexual offense under this chapter.
B. Notwithstanding sections 13-604 and 13-604.01, a person who is guilty of a
violent sexual assault shall be sentenced to life imprisonment and the court shall order
that the person not be released on any basis for the remainder of the person's natural
life.
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