Understanding A.R.S. § 13-1405 – Sexual Conduct with a Minor
Arizona law is unambiguous when it comes to sexual conduct charges. Under A.R.S. § 13-1405, “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.”
At its core, the statute criminalizes consensual sexual activity between adults and minors. Importantly, the law applies even if the minor consented or misrepresented their age. Consent is not a defense under this statute, which makes the stakes even higher for anyone accused.
Levels of Charges and Classifications
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Class 2 Felony (Victim under 15 years old):
This is the most severe classification under A.R.S. § 13-1405. It carries a mandatory prison sentence with no probation, parole, or early release. Convictions often result in decades behind bars.
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Class 6 Felony (Victim 15–17 years old):
Sexual conduct with minors in this age group is still considered a felony but may be prosecuted less severely than cases involving younger victims. However, conviction still brings mandatory sex offender registration and long-term consequences.
Why This Matters
Unlike some crimes where judges have discretion, sexual conduct with a minor charges carry mandatory minimum sentences. This means that even if a judge sympathizes with your situation, their ability to reduce penalties is limited. Only a skilled Phoenix sexual conduct lawyer can effectively negotiate with prosecutors, argue constitutional violations, or challenge the credibility of the allegations to seek dismissal or reduction.
Immediate Steps to Take After an Arrest
Being accused of sexual conduct with a minor is overwhelming and often accompanied by shock, fear, and confusion. What you do in the hours and days following your arrest will have a direct impact on the strength of your defense.
1. Stay Silent and Protect Your Rights
Law enforcement may pressure you into speaking by suggesting cooperation will help your case. In reality, anything you say will be used against you. The smartest step is to politely but firmly state: “I wish to remain silent. I want my lawyer.” This cannot be held against you in court.
2. Do Not Consent to Searches Without a Warrant
Police may request access to your home, phone, or computer. Resist the urge to cooperate without legal counsel present. Digital devices often play a role in sex conduct cases, and improperly obtained evidence can be suppressed by your attorney if your rights were violated.
3. Contact a Phoenix Sexual Conduct Lawyer Immediately
Time is critical. An experienced Phoenix sexual conduct lawyer can intervene early to:
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Prevent improper questioning.
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Ensure evidence is gathered lawfully.
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Begin investigating witnesses and inconsistencies.
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Work with forensic experts to review physical or digital evidence.
4. Start Documenting Everything
Write down the events leading up to your arrest. Include dates, times, locations, people present, and any conversations. Your memory is freshest right after the incident, and this documentation may reveal inconsistencies in the state’s case later on.
5. Avoid Public Discussions
Do not post on social media, discuss your case with friends, or attempt to explain yourself to others. Even innocent statements can be taken out of context and used against you in court.
Taking these steps immediately strengthens your position and gives your Phoenix sexual conduct lawyer the best foundation to fight for your future.
The Potential Penalties Under A.R.S. § 13-1405
One of the most frightening aspects of being accused under A.R.S. § 13-1405 is the severity of the penalties. Arizona law imposes some of the harshest punishments in the nation when it comes to sexual conduct with a minor. These penalties are not merely suggestions — they are mandatory minimums, meaning judges have little or no discretion to reduce them.
Prison Sentences
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Class 2 Felony (Minor under 15): This carries a mandatory prison sentence of 13 to 27 years per count, with no eligibility for probation, parole, or early release. Multiple counts can be stacked consecutively, often resulting in sentences that effectively last a lifetime.
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Class 6 Felony (Minor 15–17): While less severe than Class 2, this still brings potential prison time of 4 months to 2 years, along with mandatory probation terms and lifetime restrictions.
Lifetime Sex Offender Registration
A conviction under A.R.S. § 13-1405 almost always requires sex offender registration. This is one of the most damaging consequences because it never goes away. Registration limits where you can live, where you can work, and even how you use the internet. It also subjects you to continuous monitoring by law enforcement.
Collateral Consequences
The penalties extend beyond prison or probation. A conviction may result in:
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Loss of employment and barriers to future jobs.
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Termination of professional licenses.
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Custody and family law issues, where accusations alone can affect parenting rights.
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Immigration consequences, including deportation or denial of citizenship for non-citizens.
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Permanent stigma, as accusations of sexual conduct with a minor often remain in public records even if charges are later dismissed.
A qualified Phoenix sexual conduct lawyer can explain how these penalties apply to your specific case and what strategies may help mitigate or avoid them.
Building a Strong Defense Strategy
When facing charges as serious as sexual conduct with a minor, the key to survival is a well-prepared defense strategy. No two cases are alike, and the best lawyers approach these cases by carefully analyzing the facts, the evidence, and the credibility of all parties involved.
Common Defense Approaches
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Challenging the Evidence
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Were digital devices searched without a proper warrant?
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Was forensic evidence collected or stored improperly?
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Were statements taken in violation of Miranda rights?
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False Allegations
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Accusations may arise during custody battles, divorce disputes, or situations where someone has a motive to harm your reputation. A Phoenix sexual conduct lawyer investigates inconsistencies, prior statements, and potential ulterior motives of the accuser.
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Mistaken Identity
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Consent and Age Misrepresentation
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Constitutional Defenses
The “TLG” Method
At Tamou Law Group, we approach every case with what we call The TLG Method — a proven defense strategy that combines aggressive investigation, careful analysis, and relentless advocacy in court.
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Thorough Investigation: We leave no stone unturned. From reviewing digital records to challenging the credibility of witnesses, every piece of evidence is scrutinized.
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Legal Precision: Our attorneys are well-versed in Arizona sex crime laws, especially A.R.S. § 13-1405, ensuring that technical defenses and procedural violations are identified and leveraged.
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Guided Support: Facing allegations of sexual conduct with a minor is overwhelming. We walk our clients through each step, providing both legal defense and peace of mind.
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Courtroom Excellence: With decades of combined courtroom experience, our attorneys are skilled at cross-examining witnesses, presenting expert testimony, and persuading juries.
By applying The TLG Method, Tamou Law Group has successfully defended clients in some of the most challenging criminal cases. If you are searching for a Phoenix sexual conduct lawyer who will fight for your freedom and your future, our team is ready to stand with you.
