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ARIZONA

Excellent New Source of Arizona Laws:    (http://www.azsexoffender.com/lawssexualoffenses.html)

Also (http://www.azleg.state.az.us/ars/13/title13.htm)
        (http://www.geocities.com/CapitolHill/2269/AZ13.html)
        (http://www.azleg.state.az.us/ars/ars.htm)

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


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 7 years 14 years
years
----------------------------------


The term for a defendant who has one historical prior felony conviction is as follows:

-------------------------------
Minimum Presumptive Maximum
-------------------------------
7 10.5 years 21 years
years
-------------------------------


The term for a defendant who has two or more historical prior felony convictions is as follows:

--------------------------------
Minimum Presumptive Maximum
--------------------------------
14 15.75 years 28 years
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.


13-1408. 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.


13-1409. Open and notorious cohabitation or adultery; classification    *!!!!!!!*

A person who lives in a state of open and notorious cohabitation or adultery is guilty of a class
3 misdemeanor.

UPDATE:  June 23, 2001:

Archaic sex law repeal: HB2016    (dated June 03, 2001)
Source:  http://www.arizonarepublic.com:80/special34/articles/0603sun203-ON.html

Repeals laws that made it a crime to engage in "open and notorious cohabitation"
or to commit "the infamous crime against nature." The Republic favored the
repeal of these laws, which aren't enforced and serve no purpose. Signed into
law

 

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.

13-1411. Crime against nature; classification

A person who knowingly and without force commits the infamous crime against nature with an
adult is guilty of a class 3 misdemeanor.


UPDATE:  June 23, 2001:

Archaic sex law repeal: HB2016    (dated June 03, 2001)
Source:  http://www.arizonarepublic.com:80/special34/articles/0603sun203-ON.html

Repeals laws that made it a crime to engage in "open and notorious cohabitation"
or to commit "the infamous crime against nature." The Republic favored the
repeal of these laws, which aren't enforced and serve no purpose. Signed into
law

 

 

 

13-1412. Lewd and lascivious acts; classification

A person who knowingly and without force commits, in any unnatural manner, any lewd or
lascivious act upon or with the body or any part or member thereof of a male or female adult,
with the intent of arousing, appealing to or gratifying the lust, passion or sexual desires of either
of such persons, is guilty of a class 3 misdemeanor.

[EDITOR:  READ 13-1412 CAREFULLY!  This applies to ADULTS!!!]

 


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.


13-1413. 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.

[EDITOR:  Minor can give consent to a medical exam (gynocological) in the case of abuse, molestation
or rape ... but the same minor can't give consent or obtain treatment for injury.  A PARENT must give
consent.  Legislators come up with very unique interpretations of WHEN someone is "old enough" and
has enough "capacity" to give consent -- and consent to what.]


13-3552. Commercial sexual exploitation of a minor; classification

A. A person commits commercial sexual exploitation of a minor by knowingly:

1. Using, employing, persuading, enticing, inducing or coercing a minor to engage in or assist
others to engage in exploitive exhibition or other sexual conduct for the purpose of producing
any visual depiction or live act depicting such conduct.

2. Using, employing, persuading, enticing, inducing or coercing a minor to expose the genitals
or anus or the areola or nipple of the female breast for financial or commercial gain.


[EDITOR:  This means you can't hire a child to pose nude -- even with parent permission]

3. Permitting a minor under such person's custody or control to engage in or assist others to
engage in exploitive exhibition or other sexual conduct for the purpose of producing any visual
depiction or live act depicting such conduct.

4. Transporting or financing the transportation of any minor through or across this state with the
intent that the minor engage in prostitution, exploitive exhibition or other sexual conduct for the
purpose of producing a visual depiction or live act depicting such conduct.

B. Commercial sexual exploitation of a minor is a class 2 felony and if the minor is under fifteen
years of age it is punishable pursuant to section 13-604.01.


13-3553. Sexual exploitation of a minor; classification

A. A person commits sexual exploitation of a minor by knowingly:

1. Recording, filming, photographing, developing or duplicating any visual depiction in which
minors are engaged in exploitive exhibition or other sexual conduct.

2. Distributing, transporting, exhibiting, receiving, selling, purchasing, electronically
transmitting, possessing or exchanging any visual depiction in which minors are engaged in
exploitive exhibition or other sexual conduct.

B. Sexual exploitation of a minor is a class 2 felony and if the minor is under fifteen years of
age it is punishable pursuant to section 13-604.01.

[EDITOR:  And just in case you think you have seen it all ... ]
13-3555. Portraying adult as minor; classification

A. It is unlawful for any person depicted in a visual depiction or live act as a participant in any exploitive exhibition or sexual
conduct to masquerade as a minor.

B. It is unlawful for any person knowingly to produce, record, film, photograph, develop, duplicate, distribute, transport,
exhibit, electronically transmit, sell, purchase or exchange any visual depiction whose text, title or visual representation depicts a
participant in any exploitive exhibition or sexual conduct as a minor even though any such participant is an adult.

C. Any person who violates this section is guilty of a class 1 misdemeanor.

13-3556. Permissible inferences

In a prosecution relating to the sexual exploitation of children, the trier of fact may draw the inference that a participant is a
minor if the visual depiction or live act through its title, text or visual representation depicts the participant as a minor.

[EDITOR:  Pretty Baby, Lolita, and such could be in trouble in AZ]

13-3559. Reporting suspected visual depictions of sexual exploitation of a minor; immunity

A. Any communication service provider, remote computing service, system administrator, computer repair technician or other
person who discovers suspected visual depictions of sexual exploitation of a minor on a computer, computer system or
network or in any other storage medium may report that discovery to a law enforcement officer.

B. A person who on discovery in good faith reports the discovery of suspected visual depictions of sexual exploitation of a
minor is immune from civil liability.

C. It is an affirmative defense to a prosecution for a violation of section 13-3553 that on discovery a person in good faith
reports the discovery of unsolicited suspected visual depictions involving the sexual exploitation of a minor.

 

 

Interesting update received by email 11/25/99:

 

Age of Consent:

Found an interesting bit of Arizona Revised Statutes [http://www.azleg.state.az.us/ars/] that seems to indicate that if the minor is between the age of 15 and the contact was consenual with someone who was 19 or under but not older than 24 months it is not a crime to have sexual contact.

[EDITOR:  We don't agree with your synopsis.  There is an important sentence in this paragraph ... "It is a defense to prosecution ... " -- which indicates to us that it is still PROSECUTABLE.]

Title 13-1407 Paragraph F

F. It is a defense to prosecution pursuant to section 13-1405 if the victim is of the age of fifteen, sixteen or seventeen, the defendant is less than 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.


 

 

13-1405 . 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.

 

 

13-1411 . Crime against nature; classification

 

A person who knowingly and without force commits the infamous crime against nature with an adult is guilty of a class 3 misdemeanor.

 

Update 06-23-01
Governor Signs Sex Laws Repeal

PHOENIX — One hundred years after they were first written into Arizona law, unmarried couples living together, sodomy and sex that is
not intended to conceive children are no longer crimes.  Gov. Jane Hull signed a bill (HB2016) repealing those so-called archaic sex laws Tuesday.

"She listened very carefully to what everybody had to say," Hull spokeswoman Francie Noyes said when announcing the decision. "Fundamentally, it came down to government doesn't belong in people's lives."   The laws were written between 1901 and 1917, when women rarely left home before they were married and clothing that showed a woman's ankles was considered risque.

Those who want to repeal the current laws say they are out of step with modern society and serve as a tool of discrimination against unmarried couples and gays.
For example, the federal tax code allows a person to claim a deduction for a live-in boyfriend or girlfriend who is dependent on the filer for at least half of their expenses. But that tax break cannot be claimed in the handful of states such as Arizona where a local law is violated.

"The governor and I agree that the state has no compelling interest in the lives of consenting adults," said Rep. Steve May, R-Paradise Valley, who sponsored the repeal bill.  "This has been a debate in the Legislature for the last 20 years," May said. "This ends the debate. Anybody that tries to proactively put them back onto the books will be laughed out of office." Those who wanted to keep the laws on the books say they encourage marriage and give moral guidance for society.

The Center for Arizona Policy, a Scottsdale-based conservative advocacy group, encouraged people to call or e-mail Hull and ask her to veto the bill, leading to an avalanche of messages.   "We're extremely disappointed," Cathi Herrod, an attorney and lobbyist for the center, said. "It's another step in devaluing marriage as the foundation of our society."

Rep. Karen Johnson, R-Mesa, said Hull's decision puts the state's stamp of approval on activities she disagrees with.  "For the state to now say to everyone, including young poeple, that there's nothing wrong with this, from the policy standpoint it's just as wrong as can be," Johnson said.

"These things are wrong, they definitely are wrong," she said. "Of course they are all being done, but just because they are being done, I don't think that means we should say, 'Hey, it's OK.' We need to have a standard and now that banner has been removed by the state."  As of Monday, the governor had received more than 5,700 phone calls and e-mails offering suggestions about what she should do.

"I think the pressure and the high feelings on both sides has been out-of-bounds as far as the importance of the legislation versus what it really does," Hull said Tuesday morning during a visit to Tucson. "I think that we've had a lot of people who are very focused on that while I think about 98  percent of the state probably does not even know the bill exists."   Hull said both sides have exaggerated either what's in or not in the bill and noted that she believes the state's future energy needs and flat tax receipts are far more important matters.   "I have tried to promote working together," Hull said. "I've tried to promote trying to agree and consensus, and this has gotten very, very ugly."

In a letter to House Speaker Jim Weiers, Hull said the sex laws are not enforced and cannot be enforced.  "Keeping archaic laws on the books does not promote high moral standards; instead, it teaches the lesson that laws are made to be broken," she said. "Moral standards are set by families and those they turn to for guidance, such as religious and community leaders. We learn much more from watching their behavior than from any written laws or rules."

Arizona Repeals Sodomy Laws
Wednesday, May 9, 2001 / 05:51 PM

SUMMARY: Calling the statutes "unenforced and unenforceable," Arizona's governor signed into law a bill repealing the state's ban on cohabitation, oral
sex and sodomy.

Arizona Gov. Jane Hull surprised many of her constituents this week by signing into law a bill that repeals the state's ban on cohabitation, oral sex and sodomy.

In spite of heavy lobbying by conservative groups asking her to veto the measure approved by the state's legislature last week, Hull, a Republican, said, "At the end
of the day, I returned to one of my most basic beliefs about government: It does not belong in our private lives." Her comments came in a letter explaining her
decision to the Speaker of the Arizona House of Representatives.

The law being repealed set out a maximum of 30 days in jail and a $500 fine for the misdemeanor crimes of unmarried men and women living together; sodomy --
including oral sex; and any sex act not intended for procreation.

"The laws that are repealed by HB 2016 are unenforced and unenforceable," Hull wrote. "Keeping archaic laws on the books does not promote high moral
standards; instead, it teaches the lesson that laws are made to be broken."

Conservatives are considering a move to take the issue to the polls in a referendum, but doing so would require gathering 80,000 signatures in 90 days at an
estimated cost of $150,000, Republican Sen. David Peterson told the Arizona Republic. "The question is if there is enough fire in the belly," he said.

Any legislator moving to reinstate the law would be "laughed out of office," said Rep. Steve May, the repeal bill's sponsor and a gay Republican. "Let them go to the
ballot, and we'll watch them waste all their money," May told the Republic.

According to the National Gay and Lesbian Task Force, 17 states still have sodomy laws on the books.

 


07-2000 New Source: U.S. statutory rape laws is published on the Web by the National
Clearinghouse on Child Abuse and Neglect Information. The booklet, which
requires Adobe Acrobat to read, is located at:


http://www.calib.com/nccanch/pubs/99statutes/35-SexualOffenses.PDF

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