ARS 13-1428: Sexual extortion
The complete text of A.R.S. § 13-1428 on sexual extortion, what the State has to prove, and the sentencing range, with a violation charged as a class 2 through 3 felony and exposure reaching up to 12.5 years in prison.
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What the State Must Prove Under § 13-1428
A.R.S. § 13-1428 is the Arizona statute on sexual extortion. The statute sets out 3 ways the offense can be committed. A violation is a class 2 through 3 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 sexual extortion by knowingly communicating a threat with the intent to coerce another person to do any of the following:
- Engage in sexual contact or sexual intercourse.
- Allow the other person’s genitals, anus or female breast to be photographed, filmed, videotaped or digitally recorded.
- Exhibit the other person’s genitals, anus or female breast.
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 § 13-1428 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 |
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. § 13-1428
A. A person commits sexual extortion by knowingly communicating a threat with the intent to coerce another person to do any of the following:
1. Engage in sexual contact or sexual intercourse.
2. Allow the other person’s genitals, anus or female breast to be photographed, filmed, videotaped or digitally recorded.
3. Exhibit the other person’s genitals, anus or female breast.
B. Sexual extortion is a class 3 felony 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 extortion is a class 2 felony and is punishable pursuant to section 13-705.
C. For the purposes of this section, “communicating a threat” means a threat to do any of the following:
1. Damage the property of the other person.
2. Harm the reputation of the other person.
3. Produce or distribute a photograph, film, videotape or digital recording that depicts the other person engaging in sexual contact or sexual intercourse or the exhibition of the other person’s genitals, anus or female breast.
Source: Arizona Revised Statutes § 13-1428, 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.
Our Guides on This Charge
Written by our defense team on how these cases run in Arizona courts.
- What Is Sextortion Under Arizona Law? ARS 13-1428
- Online Sex Crimes Lawyer in Arizona: Why Hire One? ARS 13-3553
Related Statutes in Chapter 14 — Sexual Offenses
- A.R.S. § 13-1429 — Possessing, trafficking or importing a child sex doll
- A.R.S. § 13-1430 — Child enticement
- A.R.S. § 13-1425 — Unlawful disclosure of images depicting states of nudity or specific sexual activities
- A.R.S. § 13-1424 — Voyeurism
- A.R.S. § 13-1422 — Adult oriented businesses
- A.R.S. § 13-1419 — Unlawful sexual conduct
- A.R.S. § 13-1418 — Sexual misconduct
- A.R.S. § 13-1417 — Continuous sexual abuse of a child
How Tamou Law Group Defends § 13-1428 Cases
A § 13-1428 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 3 felony and something far less serious, and it is where these cases are won.
We handle sexual extortion 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. § 13-1428?
A.R.S. § 13-1428 is the Arizona statute on sexual extortion. A violation is a class 2 through 3 felony, and which class applies depends on the paragraph charged and the facts the State can prove.
Is a violation of § 13-1428 a felony in Arizona?
Yes. Under the statute a violation is a class 2 through 3 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 § 13-1428?
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.