ARS 13-1412: Unlawful sexual conduct
The complete text of A.R.S. § 13-1412 on unlawful sexual conduct, what the State has to prove, and the sentencing range, with a violation charged as a class 2 through 5 felony and exposure reaching up to 12.5 years in prison.
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Penalties for a § 13-1412 Conviction
A.R.S. § 13-1412 is the Arizona statute on unlawful sexual conduct. A violation is a class 2 through 5 felony, depending on the paragraph charged and what the State can prove. The maximum exposure is 12.5 years in prison.
| Class | Mitigated | Minimum | Presumptive | Maximum | Aggravated |
|---|---|---|---|---|---|
| Class 2 felony | 3 years | 4 years | 5 years | 10 years | 12.5 years |
| Class 3 felony | 2 years | 2.5 years | 3.5 years | 7 years | 8.75 years |
| Class 5 felony | 6 months | 9 months | 1.5 years | 2 years | 2.5 years |
Felony ranges are set by A.R.S. § 13-702(D) and apply to a first felony conviction that is not dangerous and not repetitive. A dangerous offense (§ 13-704), a repetitive offense (§ 13-703) or a dangerous crime against children (§ 13-705) carries a longer range, and some carry mandatory prison with no probation. Misdemeanor maximums come from §§ 13-707 and 13-802; surcharges are added on top of every fine.
Full Text of A.R.S. § 13-1412
A. A peace officer commits unlawful sexual conduct by knowingly engaging in sexual contact, oral sexual contact or sexual intercourse with any person who is in the officer’s custody or a person who the officer knows or has reason to know is the subject of an investigation.
B. Unlawful sexual conduct with a victim who is under fifteen years of age is a class 2 felony. Unlawful sexual conduct with a victim who is at least fifteen years of age but less than eighteen years of age is a class 3 felony. All other unlawful sexual conduct is a class 5 felony.
C. This section does not apply to either of the following:
1. Any direct or indirect touching or manipulating of the genitals, anus or female breast that occurs during a lawful search.
2. An officer who is married to or who is in a romantic or sexual relationship with the person at the time of the arrest or investigation. The following factors may be considered in determining whether the relationship between the victim and the defendant is currently a romantic or sexual relationship:
(a) The type of relationship.
(b) The length of the relationship.
(c) The frequency of the interaction between the victim and the defendant.
(d) If the relationship has terminated, the length of time since the termination.
D. For the purposes of this section:
1. “Custody” includes the imposition of actual or constructive restraint pursuant to an on-site arrest, a court order or any contact in which a reasonable person would not feel free to leave. Custody does not include detention in a correctional facility, a juvenile detention facility or a state hospital.
2. “Peace officer” has the same meaning prescribed in section 1-215 but does not include adult or juvenile corrections or detention officers.
Source: Arizona Revised Statutes § 13-1412, Arizona Legislative Council revision of 09/19/25. Read the official text on azleg.gov. Statutes change; verify the current version before relying on it.
Related Statutes in Chapter 14 — Sexual Offenses
- A.R.S. § 13-1411 — Bestiality
- A.R.S. § 13-1410 — Molestation of a child
- A.R.S. § 13-1409 — Unlawful sexual conduct
- A.R.S. § 13-1408 — Adultery
- A.R.S. § 13-1417 — Continuous sexual abuse of a child
- A.R.S. § 13-1406 — Sexual assault
- A.R.S. § 13-1418 — Sexual misconduct
- A.R.S. § 13-1405 — Sexual conduct with a minor
How Tamou Law Group Defends § 13-1412 Cases
A § 13-1412 case is decided by the paragraph the State charged, not by the statute as a whole. We start with the charging document and the disclosure, identify which subsection the prosecutor has to prove, and test whether the evidence actually reaches every element of it. Where the class turns on a fact such as value, an alleged injury, a prior conviction or the identity of the person involved, that fact is frequently the difference between a class 2 through 5 felony and something far less serious, and it is where these cases are won.
We handle unlawful sexual conduct cases across Maricopa County and statewide, from our Scottsdale and Phoenix offices. Call 623-321-4699 any time, or read the statute in full above before you speak to anyone about the case.
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Frequently Asked Questions
What is A.R.S. § 13-1412?
A.R.S. § 13-1412 is the Arizona statute on unlawful sexual conduct. A violation is a class 2 through 5 felony, and which class applies depends on the paragraph charged and the facts the State can prove.
Is a violation of § 13-1412 a felony in Arizona?
Yes. Under the statute a violation is a class 2 through 5 felony, so the exposure reaches up to 12.5 years in prison. The paragraph charged and the facts decide which class applies.
What is the sentence for a class 2 felony in Arizona?
For a first felony conviction that is not dangerous or repetitive, A.R.S. 13-702(D) sets a class 2 felony at 3 years to 12.5 years, with a presumptive term of 5 years. Dangerous, repetitive and dangerous-crimes-against-children sentencing under 13-703, 13-704 and 13-705 runs longer.
Where can I read the official text of § 13-1412?
The Arizona Legislature publishes it at azleg.gov, in the revision dated 09/19/25. The complete text is reproduced on this page, and every Arizona criminal statute is searchable on our Arizona Criminal Code index.
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Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.