ARS 13-1406: Sexual Assault Charges in Arizona Explained

What Does ARS 13-1406 Make Illegal?

Few charges in the Arizona criminal code carry stakes this high. A sexual assault charge means mandatory prison on conviction, sentencing ranges written directly into the statute, and a registration requirement that follows a person indefinitely. It is also a charge, not a verdict: a person accused under this statute is presumed innocent, and the state must prove every element beyond a reasonable doubt. Understanding exactly what the statute says is the first step toward making informed decisions, which is why the firm’s Arizona sex crime defense team put together this plain-English walkthrough.

This guide covers the statute itself: the elements the state must prove, the four legal definitions of “without consent,” the prison ranges built into the law, the dangerous crimes against children overlay when the alleged victim is a minor, the registration consequence, and how sexual assault differs from the neighboring statutes prosecutors sometimes charge instead.

ARS 13-1406 makes it a crime to intentionally or knowingly engage in sexual intercourse or oral sexual contact with any person without that person’s consent. Broken into elements, the state must prove each of the following beyond a reasonable doubt:

• A culpable mental state, the act was committed intentionally or knowingly, not by accident or mistake;
• A qualifying act, sexual intercourse or oral sexual contact, as those terms are defined in ARS 13-1401; and
• Lack of consent, the act occurred without the other person’s consent under one of the four statutory definitions discussed below.

The definitions matter. Under ARS 13-1401, “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. “Oral sexual contact” means oral contact with the penis, vulva or anus. If the alleged act is touching or fondling rather than penetration or oral contact, the conduct falls under a different statute entirely, sexual abuse under ARS 13-1404, with a much lower felony class. The specific act alleged is often the single biggest driver of a defendant’s exposure.

How Does Arizona Define “Without Consent”?

Arizona does not leave “without consent” to intuition. ARS 13-1401 defines it to include four distinct situations:

• Force or threats, the person is coerced by the immediate use or threatened use of force against a person or property;
• Incapacity, the person is incapable of consent because of a mental disorder, mental defect, drugs, alcohol, sleep or any other similar impairment, and the defendant knew or reasonably should have known of that condition;
• Deception about the act, the person is intentionally deceived as to the nature of the act; or
• Spousal impersonation, the person is intentionally deceived into believing the defendant is their spouse.

In Arizona courts, the incapacity route is where most contested cases live. Defense attorneys commonly see Maricopa County prosecutions built around an evening of drinking, where the legal question is not whether alcohol was involved but whether the complaining witness was actually incapable of consent, and whether the accused knew or reasonably should have known it. The difference between impaired judgment and legal incapacity is a genuine fact question, and it is frequently the central battleground at trial.

What Are the Penalties for Sexual Assault Under ARS 13-1406?

Sexual assault is a class 2 felony, but the penalties do not come from Arizona’s standard class 2 sentencing tables. ARS 13-1406 contains its own enhanced ranges, and it removes probation from the picture: a person convicted is not eligible for suspension of sentence, probation, pardon or release until the sentence is served or commuted, except as specifically authorized by statute. The statute also requires any sexual assault sentence to run consecutively to, stacked on top of, any other sexual assault sentence imposed.

What Happens When the Alleged Victim Is a Minor?

When the alleged victim is under fifteen, ARS 13-1406 hands sentencing over to ARS 13-705, Arizona’s dangerous crimes against children law, and the exposure increases dramatically. For sexual assault of a minor who is twelve, thirteen or fourteen, a first conviction carries 13 years minimum, 20 years presumptive and 27 years maximum, with no eligibility for suspension of sentence or probation. With a qualifying predicate felony, the range climbs to 23 to 37 years.

If the defendant was an adult and the victim was twelve or younger, ARS 13-705 requires life imprisonment, with no release eligibility until 35 years have been served. Age is also its own charging basis in Arizona: sexual activity with a minor can be charged under separate statutes regardless of any claimed consent, a subject covered in the firm’s guide to the age of consent in Arizona.

Does an ARS 13-1406 Conviction Require Sex Offender Registration?

Yes. ARS 13-3821 lists sexual assault under ARS 13-1406 among the offenses requiring registration. A person convicted must register with the county sheriff within ten days of conviction, or within seventy-two hours of entering a new county, and must keep the registration current, including online identifiers such as email addresses and social media accounts, along with annual in-person verification. For an adult conviction, the statute sets no expiration date on the duty, which makes registration a lifetime obligation in practical terms.

Registration is frequently the consequence that shapes a person’s life longest. It affects where a person can live and work years after any sentence ends, which is one reason charge selection and plea negotiation in these cases focus heavily on whether a resolution carries a registrable offense.

How Does Sexual Assault Differ From Sexual Abuse and Sexual Conduct With a Minor?

Three neighboring statutes cover most of Arizona’s sex-offense charging decisions, and the differences come down to two questions: what act is alleged, and how old was the alleged victim?

• Sexual abuse, ARS 13-1404: intentionally or knowingly engaging in sexual contact, touching rather than penetration or oral contact. It is generally a class 5 felony, rising to a class 3 felony punishable under ARS 13-705 when the victim is under fifteen.
• Sexual assault, ARS 13-1406: sexual intercourse or oral sexual contact without consent, at any age. Class 2 felony with the enhanced ranges above.
• Sexual conduct with a minor, ARS 13-1405: sexual intercourse or oral sexual contact with a person under eighteen. The charge is age-based, so claimed consent is not a defense. It is a class 2 felony punishable under ARS 13-705 when the minor is under fifteen, and generally a class 6 felony when the minor is fifteen to seventeen.

In practice, prosecutors sometimes charge more than one of these statutes from the same alleged incident, and the distinctions between touching-based and penetration-based offenses become the heart of the case. The firm’s comparison of molestation vs. sexual assault in Arizona walks through how those lines are drawn, and this related guide explains why people often say “sexual battery” when Arizona law says sexual assault.

What Defenses Apply to an ARS 13-1406 Charge?

Every element of the statute is a potential defense. Consent is the most common: if the encounter was consensual, no crime occurred, and the state carries the burden of proving otherwise beyond a reasonable doubt. In incapacity cases, the defense examines whether the complaining witness was actually incapable of consent under the legal standard, and whether the accused knew or reasonably should have known of any impairment. Identity and forensic challenges matter in stranger cases; in acquaintance cases, the evidence often consists of two conflicting accounts, and credibility, text messages, witness timelines and physical evidence become decisive.

The first days matter more than most people realize. Defense attorneys commonly see accused people damage defensible cases in the first week: agreeing to a “quick interview” with detectives, apologizing during a recorded confrontation call, deleting messages that looked bad but proved context, or contacting the accuser to “straighten things out.” If you have been accused, preserve everything, say nothing to investigators without counsel, and read the firm’s step-by-step guide on responding to a false sexual assault accusation in Arizona.

How Tamou Law Group Defends ARS 13-1406 Cases

Tamou Law Group’s team includes former prosecutors and law enforcement officers who have seen how these cases are assembled from the other side, how confrontation calls are scripted, how forensic interviews are conducted, and how charging decisions get made at the Maricopa County Attorney’s Office. That experience drives the defense: early intervention before charges are filed when possible, independent investigation of the accuser’s account, forensic and toxicology review in incapacity cases, and litigation over every element the state must prove. Where the evidence demands it, that means trial; where resolution serves the client, it means negotiating away from registrable offenses and mandatory-prison counts.

Sexual assault allegations are also among the most sensitive cases the firm handles, for everyone involved. A charge is not a conviction, and an accused person’s future should not be decided by the loudest version of events. If you or a family member is facing an investigation or charge under this statute anywhere in Phoenix or Scottsdale area, the firm’s Arizona sex crime lawyers offer confidential consultations 24/7.