Sex Offenses

Sexual Conduct With a Minor

The Crime of Sexual Conduct with a Minor in Arizona, A.R.S. 13-1405.

Sexual conduct with a minor in Arizona, A.R.S. 13-1405, is engaging in sexual intercourse or oral sexual contact with someone under eighteen years old.

Sexual intercourse is 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.

Oral sexual contact means contact with the penis, vulva or anus with the mouth.

A dangerous crime against children in the first degree is a completed offense. If it is a preparatory offense, then it is in the second degree.

Arizona criminal defense attorney Brian DiPietro has successfully represented many clients who had been charged with sexual offenses. His success is a result of his 30 years of criminal law both as a prosecutor and defense counsel. He is familiar with the case law applicable to the charge of sexual conduct with a minor and is able to use this knowledge combined with his aggressive tough approach to defending his clients that have resulted in the favorable resolution of the crime of sexual conduct with a minor for his clients.

A dangerous crime against children means that a person under fifteen years of age was a victim of any of the following:

  1. Sexual assault
  2. Molestation
  3. Sexual conduct
  4. Commercial sexual exploitation
  5. Sexual abuse
  6. Taking a child for the purpose of prostitution
  7. Prostitution
  8. Sex trafficking
  9. Bestiality

Penalties for the Crime of Sexual Conduct with a Minor in Arizona, A.R.S. 13-1405

It is a class 2 felony to commit the crime of sexual conduct with a minor when the person is under fifteen years old.

When the minor is under fifteen years old then the crime of sexual conduct with a minor is a class 2 felony punishable as a dangerous crime against children pursuant to A.R.S.§13-705.

If the person is at least fifteen years old then sexual conduct with a minor is a class 6 felony.

Defenses to the Crime of Sexual Conduct with a Minor in Arizona, A.R.S. 13-1405.

It is a defense to the crime of sexual conduct with a minor in Arizona, A.R.S. 13-1405, when the conduct was by consent, and that the defendant did not know nor was it reasonable to believe that the victim was fifteen, sixteen or seventeen years old at the time. An example is an adult meets a person who is sixteen years old but appears to be older, such as nineteen years old, and engages in consensual sex with the individual. Another situation arises when the youth looks to be an adult and tells the defendant that she is eighteen years old but actually is only fifteen years old. If the defendant has no reason to believe the person is a minor then lack of knowledge of age is a defense.

It is a defense to A.R.S. 13-1405, that a 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 know the age of the victim.

It is a defense to A.R.S. 13-1405, that the person was a spouse of the other person at the time of the commission of the act.

It is a defense of the victim is fifteen, sixteen or seventeen years of age or attending high school and is no more than 24 months older than the victim and the conduct is consensual.

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Contact Brian DiPietro Law PLLC today for a free case evaluation about your pending sexual conduct with a minor case in Arizona. Brian DiPietro is an experienced, tough, aggressive Phoenix criminal defense attorney who will work hard to fight the charges against you to achieve the most favorable outcome for your particular sexual conduct with a minor charge. Contact now Brian DiPietro Law PLLC at 623-242-2655 for a free confidential case evaluation about your sexual conduct with a minor charge in Arizona.

Sexual Abuse

Crime of Sexual Abuse in Arizona, A.R.S. 13-1404.

Sexual abuse in Arizona, A.R.S. 13-1404, is committed by a person who intentionally or knowingly engages in sexual contact with any person who is fifteen or more years old without the consent of that person or by with any person who is under fifteen years of age if the sexual contact involves only the female breast.

Intentionally means a person’s objective is to case that result. An intentional act can also be to engage in that conduct.

Knowingly means a person is aware or believes that a person’s conduct is of that nature or that circumstance exists.

Arizona law says sexual contact means any direct or indirect touching, fondling or manipulation 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.

Arizona criminal defense attorney Brian DiPietro has successfully represented many clients who had been charged with sexual offenses. His success is a result of his 30 years of criminal law both as a prosecutor and defense counsel. He is familiar with the case law applicable to the charge of sexual abuse and is able to use this knowledge combined with his aggressive tough approach to defending his clients that have resulted in the favorable resolution of the crime of sexual abuse for his clients.

Penalties for the Crime of Sexual Contact in Arizona, A.R.S.13-1404.

Sexual Abuse in Arizona, A.R.S. 13-1404, is a class 5 felony unless the victim is under fifteen years of age in which case sexual abuse is a class 3 felony, and is punishable under A.R.S. 13-604.0.

Defenses for the Crime of Sexual Contact in Arizona, A.R.S. 13-1404.

It is a defense that the defendant was not motivated by a sexual interest.

If the lack of consent is because the victim is fifteen, sixteen or seventeen years old, and the defendant did not know nor could not reasonably know the victim is under eighteen then this may be a defense.

An act done in furtherance of lawful medical practice with a minor is a defense to the charge of sexual contact. Additional defenses to Sexual contact in Arizona, A.R.S. 13-1404, could be the following:

  • mistaken identity
  • alibi
  • insufficiency of state’s case

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Contact Brian DiPietro Law PLLC today for a free case evaluation about your pending sexual contact case in Arizona. Brian DiPietro is an experienced, tough, aggressive Phoenix criminal defense attorney who will work hard to fight the charges against you to achieve the most favorable outcome for your particular sexual contact charge. Contact now Brian DiPietro Law PLLC at 623-242-1535 for a free confidential case evaluation about your charge of sexual contact in Arizona.

Sexual Assault

The Crime of Sexual Assault in Arizona, A.R.S. 13-1406.

A person commits sexual assault in Arizona, A.R.S. 13-1406, by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent of such person.

Arizona criminal defense attorney Brian DiPietro has successfully represented many clients who had been charged with sexual offenses. His success is a result of his 30 years of criminal law both as a prosecutor and defense counsel. He is familiar with the case law applicable to the charge of sexual assault and is able to use this knowledge combined with his aggressive tough approach to defending his clients that have resulted in the favorable resolution of the crime of sexual assault for his clients.

A 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.

Penalties for the Crime of Sexual Assault in Arizona, A.R.S. 13-1406

The penalty for the crime of sexual assault in Arizona, A.R.S. 13-1406, is a class 2 felony and the sentence shall not be suspended nor will probation, pardon or release from confinement until the sentence has been served.

If the victim is under fifteen years of age, sexual assault is punishable per 13-705.

If the sexual assault involved the intentional or knowing infliction of the 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 until at least 25 years have been served. 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 per 13-705.

If the sexual assault involved the intentional or knowing administration of a “date rape drug” without the victim’s knowledge the sentence shall be increased by three years.

Should the government charge and convict on multiple counts the penalty increases to a minimum of 7 years with a presumptive 10.5 years and a maximum of 21 years with a prior conviction and with two or more prior convictions the minimum increases to 14 years, the presumptive to 15.75 years and the maximum to 28 years.

Defenses to the Crime of Sexual Assault in Arizona, A.R.S. 13-1406.

Defenses to Sexual Assault in Arizona, A.R.S. 13-1406, could be the following:

  • mistaken identity
  • alibi
  • insufficiency of state’s case

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Contact Brian DiPietro Law PLLC today for a free case evaluation about your pending sexual assault case in Arizona. Brian DiPietro is an experienced, tough, aggressive Phoenix criminal defense attorney who will work hard to fight the charges against you to achieve the most favorable outcome for your particular sexual assault charge. Contact now Brian DiPietro Law PLLC at 623-242-2655, for a free confidential case evaluation about your sexual assault charge in Arizona.

Molestation of a Child

The Crime of Molestation of a Child in Arizona, A.R.S. 13-1410.

A person commits molestation of a child in Arizona, A.R.S. 13-1410, 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 who is under fifteen years of age.

Arizona criminal defense attorney Brian DiPietro has successfully represented many clients who had been charged with sexual offenses. His success is a result of his 30 years of criminal law both as a prosecutor and defense counsel. He is familiar with the case law applicable to the charge of molestation of a child and is able to use this knowledge combined with his aggressive tough approach to defending his clients that have resulted in the favorable resolution of the crime of molestation of a child for his clients.

Penalty for Molestation of a Child in Arizona, A.R.S. 13-1410.

Molestation of a child in Arizona, A.R.S. 13-1410 is a class 2 felony and is punishable under A.R.S. 13-705.

Defenses to the crime of Molestation of a Child in Arizona, A.R.S. 13-1410.

Defenses to a charge of child molestation in Arizona, A.R.S. 13-1410, include:

  • fabrication
  • alibi
  • mistaken identity
  • not guilty because it did not happen, or
  • defendant was not motivated by a sexual interest.

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Contact Brian DiPietro Law PLLC today for a free case evaluation about your pending sexual offense case involving molestation of a child charges in Arizona. Brian DiPietro is an experienced, tough, aggressive Phoenix criminal defense attorney who will work hard to fight the charges against you to achieve the most favorable outcome for your particular sexual offense charges. Contact now Brian DiPietro Law PLLC at 623-242-2655 for a free confidential case evaluation about your molestation of a child charges in Arizona.

Indecent Exposure

The Crime of Indecent Exposure in Arizona, A.R.S. 13-1402.

A person commits indecent exposure in Arizona, A.R.S. 13-1402, if he or she recklessly 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 person reasonably is offended or alarmed by the act.

Arizona criminal defense attorney Brian DiPietro has successfully represented many clients who had been charged with sexual offenses. His success is a result of his 30 years of criminal law both as a prosecutor and defense counsel. He is familiar with the case law applicable to the charge of indecent exposure and is able to use this knowledge combined with his aggressive tough approach to defending his clients that have resulted in the favorable resolution of the crime of indecent exposure for his clients. Brian DiPietro Law PLLC Arizona Experienced Tough Aggressive Sexual Offense Lawyer for Indecent Exposure Criminal Charge

Penalty to the Crime of Indecent Exposure in Arizona, A.R.S. 13-1402.

Indecent exposure does not include breast feeding by a mother. Indecent exposure to a person who is fifteen or more years of age is a class 1 misdemeanor, while indecent exposure to a person who is under fifteen years of age is a class 6 felony.

Defenses to the Crime of Indecent Exposure in Arizona, A.R.S. 13-1402.

Defenses to a charge of child molestation in Arizona, A.R.S. 13-1410, include:

  • fabrication
  • alibi
  • mistaken identity
  • not guilty because it did not happen

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Contact Brian DiPietro Law PLLC today for a free case evaluation about your pending sexual offense case involving indecent exposure charges in Arizona. Brian DiPietro is an experienced, tough, aggressive Phoenix criminal defense attorney who will work hard to fight the charges against you to achieve the most favorable outcome for your particular sexual offense charges. Contact now Brian DiPietro Law PLLC at 623-242-2655 for a free confidential case evaluation about your indecent exposure charges in Arizona.

Public Sexual Indecency

Crime of Public Sexual Indecency in Arizona, A.R.S. 13-1403.

A person commits public sexual indecency in Arizona, A.R.S. 13-1403, 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:

  • Sexual conduct
  • Oral sexual conduct
  • Sexual intercourse
  • Bestiality

If the other person present is under the age of fifteen years then their conduct becomes public sexual indecency to a minor. Public sexual indecency to a minor in Arizona, A.R.S. 13-1403, has an enhanced penalty because of the youthful age of the victim.

Arizona criminal defense attorney Brian DiPietro has successfully represented many clients who had been charged with sexual offenses. His success is a result of his 30 years of criminal law both as a prosecutor and defense counsel. He is familiar with the case law applicable to the charge of public sexual indecency and is able to use this knowledge combined with his aggressive tough approach to defending his clients that have resulted in the favorable resolution of the crime of public sexual indecency of a minor for his clients.

Penalty for the Crime of Public Indecency of a Minor in Arizona, A.R.S. 13-1403.

Public sexual indecency in Arizona, A.R.S. 13-1403, is a class 1 misdemeanor but public sexual indecency of a minor is the more serious class 5 felony.

Defenses to the Crime of Public Indecency of a Minor in Arizona, A.R.S. 13-1403.

Defenses to public indecency of a minor in Arizona, A.R.S. 13-1403, include:

  • fabrication
  • alibi
  • mistaken identity
  • insufficiency of evidence

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Contact Brian DiPietro Law PLLC today for a free case evaluation about your pending sexual offense case involving public sexual indecency of a minor charges in Arizona. Brian DiPietro is an experienced, tough, aggressive Phoenix criminal defense attorney who will work hard to fight the charges against you to achieve the most favorable outcome for your particular sexual offense charges. Contact now Brian DiPietro Law PLLC at 623-242-1535 for a free confidential case evaluation about your public sexual indecency of a minor charges in Arizona.

Bestiality

The crime of Bestiality in Arizona, A.R.S. 13-1411, is committed by doing either of the following:

  1. Engaging with an animal in:
    • oral sexual contact
    • sexual contact or
    • sexual intercourse
  2. Causing another person to engage with an animal in:
    • oral sexual contact
    • sexual contact or
    • sexual intercourse

Arizona criminal defense attorney Brian DiPietro has successfully represented many clients who had been charged with sexual offenses. His success is a result of his 30 years of criminal law both as a prosecutor and defense counsel. He is familiar with the case law applicable to the charge of bestiality and is able to use this knowledge combined with his aggressive tough approach to defending his clients that have resulted in the favorable resolution of the crime of bestiality for his clients.

Penalty for the Crime of Bestiality in Arizona, A.R.S. 13-1411.

Bestiality in Arizona, A.R.S. 13-1411, is a class 6 felony except that bestiality if the other person is a minor under fifteen years of age then bestiality is a class 3 felony per 13-705. An “animal” means a nonhuman, bird, reptile or amphibian, either alive or dead.

Defenses to a Crime of Bestiality in Arizona, A.R.S. 13-1411.

Defenses to public sexual indecency in Arizona, A.R.S. 13-1403, include:

  • fabrication
  • alibi
  • mistaken identity
  • insufficiency of evidence

Brian DiPietro Law PLLC Arizona Experienced Tough Aggressive Sexual Offense Lawyer for a Bestiality Criminal Charge

Contact Brian DiPietro Law PLLC today for a free case evaluation about your pending sexual offense case involving bestiality in Arizona. Brian DiPietro is an experienced, tough, aggressive Phoenix criminal defense attorney who will work hard to fight the charges against you to achieve the most favorable outcome for your particular sexual offense charges. Contact now Brian DiPietro Law PLLC at 623-242-2655 for a free confidential case evaluation about your bestiality charges in Arizona.

Violent Sexual Assault

The Crime of Violent Sexual Assault in Arizona, A.R.A. 13-1423.

Violent sexual assault in Arizona, A.R.S. 13-1423, occurs in the course of committing an offense of:

  1. Sexual abuse, or
  2. Sexual conduct with a minor, or
  3. Sexual assault, or
  4. Molestation of a child

and 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 prior felony conviction for a sexual offense committed in Arizona or outside this state.

Arizona criminal defense attorney Brian DiPietro has successfully represented many clients who had been charged with sexual offenses. His success is a result of his 30 years of criminal law both as a prosecutor and defense counsel. He is familiar with the case law applicable to the charge of violent sexualassault and is able to use this knowledge combined with his aggressive tough approach to defending his clients that have resulted in the favorable resolution of the crime of violent sexual assault for his clients.

Penalty for the Crime of Violent Sexual Assault in Arizona, A.R.S. 13-1423.

A person convicted of violent sexual assault in Arizona, A.R.S. 13-1423, shall be sentenced to life imprisonment without being released on any basis for the remainder of the person’s natural life.

Defenses to the Crime of Violent Sexual Assault in Arizona, A.R.S. 13-1423.

Possible defenses to violent sexual assault in Arizona, A.R.S. 13-1403, include:

  • fabrication
  • alibi
  • mistaken identity
  • insufficiency of evidence

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Contact Brian DiPietro Law PLLC today for a free case evaluation about your pending sexual offense case involving violent sexual assault in Arizona. Brian DiPietro is an experienced, tough, aggressive Phoenix criminal defense attorney who will work hard to fight the charges against you to achieve the most favorable outcome for your particular sexual offense charges. Contact now Brian DiPietro Law PLLC at 623-242-2655, for a free confidential case evaluation about your violent sexual assault charges in Arizona.

A person charged with any of the various sexual offenses is in serious trouble and could be facing mandatory prison.