ARS 13-1419: Unlawful sexual conduct
The complete text of A.R.S. § 13-1419 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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What the State Must Prove Under § 13-1419
A.R.S. § 13-1419 is the Arizona statute on unlawful sexual conduct. The statute sets out 4 ways the offense can be committed. 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.
A. A person commits unlawful sexual conduct by intentionally or knowingly engaging in any act of a sexual nature with an offender who is in the custody of the state department of corrections, the department of juvenile corrections, a private prison facility, a juvenile detention facility or a city or county jail or with an offender who is under the supervision of either department or a city or county. For the purposes of this subsection, “person” means a person who:
- Is employed by the state department of corrections or the department of juvenile corrections.
- Is employed by a private prison facility, a juvenile detention facility or a city or county jail.
- Contracts to provide services with the state department of corrections, the department of juvenile corrections, a private prison facility, a juvenile detention facility or a city or county jail.
- Is an official visitor, volunteer or agency representative of the state department of corrections, the department of juvenile corrections, a private prison facility, a juvenile detention facility or a city or county jail.
The State must prove every element of the paragraph it actually charged, beyond a reasonable doubt. Which paragraph appears on the complaint decides what the case is about, and it is the first thing to check.
Penalties for a § 13-1419 Conviction
| 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. § 13-1419
A. A person commits unlawful sexual conduct by intentionally or knowingly engaging in any act of a sexual nature with an offender who is in the custody of the state department of corrections, the department of juvenile corrections, a private prison facility, a juvenile detention facility or a city or county jail or with an offender who is under the supervision of either department or a city or county. For the purposes of this subsection, “person” means a person who:
1. Is employed by the state department of corrections or the department of juvenile corrections.
2. Is employed by a private prison facility, a juvenile detention facility or a city or county jail.
3. Contracts to provide services with the state department of corrections, the department of juvenile corrections, a private prison facility, a juvenile detention facility or a city or county jail.
4. Is an official visitor, volunteer or agency representative of the state department of corrections, the department of juvenile corrections, a private prison facility, a juvenile detention facility or a city or county jail.
B. This section does not apply to a person who is employed by the state department of corrections, a private prison facility or a city or county jail or who contracts to provide services with the state department of corrections, a private prison facility or a city or county jail or an offender who is on release status if the person was lawfully married to the prisoner or offender on release status before the prisoner or offender was sentenced to the state department of corrections or was incarcerated in a city or county jail.
C. Unlawful sexual conduct with an offender who is under fifteen years of age is a class 2 felony. Unlawful sexual conduct with an offender who is between fifteen and seventeen years of age is a class 3 felony. All other unlawful sexual conduct is a class 5 felony.
D. For the purposes of this section, “any act of a sexual nature”:
1. Includes the following:
(a) Any completed, attempted, threatened or requested touching of the genitalia, anus, groin, breast, inner thigh, pubic area or buttocks with the intent to arouse or gratify sexual desire.
(b) Any act of exposing the genitalia, anus, groin, breast, inner thigh, pubic area or buttocks with the intent to arouse or gratify sexual desire.
(c) Any act of photographing, videotaping, filming, digitally recording or otherwise viewing, with or without a device, a prisoner or offender with the intent to arouse or gratify sexual desire, either:
(i) While the prisoner or offender is in a state of undress or partial dress.
(ii) While the prisoner or offender is urinating or defecating.
2. Does not include an act done pursuant to a bona fide medical exam or lawful internal search.
Source: Arizona Revised Statutes § 13-1419, 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. § 13-1418 — Sexual misconduct
- A.R.S. § 13-1417 — Continuous sexual abuse of a child
- A.R.S. § 13-1422 — Adult oriented businesses
- A.R.S. § 13-1424 — Voyeurism
- A.R.S. § 13-1425 — Unlawful disclosure of images depicting states of nudity or specific sexual activities
- A.R.S. § 13-1412 — Unlawful sexual conduct
- A.R.S. § 13-1411 — Bestiality
- A.R.S. § 13-1410 — Molestation of a child
How Tamou Law Group Defends § 13-1419 Cases
A § 13-1419 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. § 13-1419?
A.R.S. § 13-1419 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 § 13-1419 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 § 13-1419?
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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