Arizona Sex Crimes FAQ » – Arizona Sex Crimes FAQ

What are the possible defenses to Arizona Sex Crimes Charges?

admin — Wed, 14 Jul 2010 22:05:50 +0000

The primary defenses to a sex offense include insufficient or tainted evidence, factual innocence, mistaken identity and, in some cases, consent. Moreover, it is important to examine the factual circumstances of the accuser. Moreover, there are statutory defenses for some specific situation:

For charges of sexual abuse pursuant A.R.S. 13-1404 that the person was the spouse of the other person;
For Indecent Expose charges, Sexual Abuse charges, Sexual Conduct with a
Minor charges and Sexual Assault charges, it may be a defense if the act was done by a duly license physician or registered nurse for purposes of administering a lawful form of treatment;
If the defendant was not motivated by a sexual interest pursuant to A.R.S. 13-1407.

Will the community always be notified of the presence of a sex offender?

admin — Wed, 14 Jul 2010 22:05:20 +0000

States have different laws on community notification of a sex offender’s presence. Typically, the public may browse the state registry on the Internet or at law enforcement offices. In some jurisdictions, notification may be more active and police may contact individuals and businesses in a neighborhood to alert them.

Who must register as a sex offender?

admin — Wed, 14 Jul 2010 22:05:05 +0000

Generally, any adult or juvenile who has been convicted of a certain sex offense, who is on active supervision for a sex offense or who has been committed as a sexually violent predator must register with the state law enforcement agency as a sex offender. The duration of the offender’s duty to register varies, based on the original offense and the risk of re-offense. In some states, sexual predators or sexually violent offenders must register for life.

What is the difference between rape and sexual assault?

admin — Wed, 14 Jul 2010 22:04:53 +0000

Arizona law no longer uses the term “rape,” replacing it with sexual abuse or sexual assault to describe prohibited acts. Traditional rape is covered by these statutes. However, most sexual assault statutes cover more types of sexual acts than what is traditionally thought of as “rape” and apply to victims of either gender. See A.R.S. 13-1406.

Is it statutory rape if someone lies about his or her age?

admin — Wed, 14 Jul 2010 22:04:38 +0000

A mistake about age is not typically a defense to statutory rape charges, even if the underage person lied and gave consent. It is a “strict liability” offense, which makes the perpetrator responsible regardless of the surrounding circumstances.

If have you been falsely charged with Sexual Abuse, what must State prove to convict you?

admin — Wed, 14 Jul 2010 22:04:22 +0000

In order for you to be convicted of the crime of Sexual Abuse, the State must prove beyond reasonable doubt you:

Intentionally or knowingly;
Engaged in sexual contact with a person;
Who is fifteen (15) years of age or more;
Without consent of that person;
OR – with any person under the age of fifteen (15) if the contact involves only the female breast.

See A.R.S. 13-1404.

What is entrapment?

admin — Wed, 14 Jul 2010 22:03:49 +0000

Police may uncover sex offenders by posing as prostitutes, underage individuals or other parties to catch sex offenders while committing (or preparing to commit) sex crimes. Some sex-offense defendants argue that police actions, such as offers of sexual services, constitute entrapment. Entrapment means that the police induced the defendant to commit a crime he or she did not intend to commit before it was suggested by the police. However, entrapment is not a valid defense if the defendant intended to commit the crime and the police simply provided a means to do so. In prostitution cases, the offer of sexual services by a police officer is almost never held to be entrapment because the defendant is generally found to have been intending to purchase sexual services prior to interacting with the decoy officer. The elements of an entrapment defense are complicated and sensitive to the facts of your situation. Contact an attorney immediately if you believe you were entrapped.

What are penalties for a conviction of Indecent exposure in Arizona?

admin — Wed, 14 Jul 2010 22:03:14 +0000

There is wide range of possibilities for a conviction of this type. If the victim is fifteen or more years of age it is a class 1 misdemeanor. While there is not a mandatory jail sentence, the maximum jail term for a class one misdemeanor is 6 months. If the victim is under the age of fifteen the conviction is a class 6 felony. While probation is possible, a judge has the ability to sentence a person to a prison term ranging from a few months up to 2 years.

If have you been falsely charged with Indecent exposure, what must State prove to convict you?

admin — Wed, 14 Jul 2010 22:02:45 +0000

In order for you to be convicted of the crime of Indecent Exposure, the State must prove beyond reasonable doubt you:

exposed your;
- Genitals
- anus
- or (in case of a female accused) the areola or nipple of the breast;
another person is present; and
You were reckless about whether the other person, as a reasonable person, would be offended or alarmed by the act.

How do Arizona Courts define “without consent”?

admin — Wed, 14 Jul 2010 22:01:14 +0000

There are four (4) situations where Arizona law applies the terms “without consent.”

The victim is coerced by reason of a mental disorder, defect, drugs, alcohol or any type of impairment; and that impairment/condition is known or should have reasonably been known to the person accused of the crime;
The victim is intentionally deceived as to the nature of the act;
The victim is intentionally deceived to erroneously believe that the person is the victim’s spouse

See A.R.S 13-1401.