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Sexual Conduct With a Minor Lawyer | A.R.S. 13-1405

Sexual Conduct With a Minor Defense Lawyers

Michael Tamou, Arizona sexual conduct with a minor defense attorney

Michael Tamou

Founding Attorney · Sex Crime Defense

5.0 · Sexual Conduct & Sex Crime Defense

Charged with or investigated for sexual conduct with a minor (A.R.S. § 13-1405)? When the minor is under 15, it is a Class 2 Dangerous Crime Against Children with mandatory, flat-time prison and lifetime registration. The case turns on the accuser’s credibility, the forensic interview, and the digital evidence. Do not talk to detectives or take a confrontation call, call us first.

Recognized By

NTL Top 100 Trial LawyersNTL Top 40 Under 40 Trial LawyersElite Lawyer 2026 Criminal Defense2025 Super Lawyers SouthwestNational College For DUI DefenseDUI Defense Lawyers Association
Michael Tamou, Arizona sexual conduct with a minor defense attorney

Michael Tamou

Founding Attorney · Sex Crime Defense

★★★★★ 5.0 · Sexual Conduct & Sex Crime Defense

Written and legally reviewed by Michael Tamou, Founding Attorney of Tamou Law Group, PLLC. Last updated June 28, 2026.

As Seen On

As Seen On NBC News, USA Today, Digital Journal, AZ Central, Lamar, ABC News, Fox News

Recognized By

NTL Top 100 Trial LawyersNTL Top 40 Under 40 Trial LawyersElite Lawyer 2026 Criminal DefenseNational College For DUI DefenseDUI Defense Lawyers Association2025 Super Lawyers Southwest

What Is Sexual Conduct With a Minor in Arizona?

Quick answer: Sexual conduct with a minor under A.R.S. § 13-1405 is intentionally or knowingly engaging in sexual intercourse or oral sexual contact with anyone under 18. The penalties are driven by the child’s age. When the minor is under 15, it is a Class 2 Dangerous Crime Against Children (DCAC) with a mandatory, flat-time sentence (presumptive 20 years, range 13–27), no probation, and lifetime registration. When the minor is 15, 16, or 17, it is generally a Class 6 felony, unless the defendant is in a position of trust, which raises it to a Class 2. Arizona has no general “Romeo and Juliet” exemption, only a limited close-in-age defense. These cases turn on age, identity, the accuser’s credibility, and the forensic and digital evidence.

Tamou Law Group team, former prosecutors defending Arizona sexual conduct with a minor cases
Our Team Has Seen

Both Sides

Former Prosecutors · Law Enforcement · Public Defenders

When you call Tamou Law Group, you reach a firm that handles criminal defense exclusively, with serious experience defending sexual conduct with a minor and other sex-crime cases across Arizona. Our team includes former prosecutors and law enforcement officers, so we know exactly how the State builds these cases, and where they fall apart.

At many large firms, the name on the building is a marketing figurehead, you rarely get them on the phone and your case goes to a junior associate. When you hire Tamou Law Group, your case is handled by a full team of attorneys, not associates, including Michael Tamou.

If you’ve been charged with sexual conduct with a minor in Arizona, you probably have urgent questions about what you’re facing and what comes next. Here are straight answers to the questions people ask most, with a plain-English breakdown of the law under A.R.S. § 13-1405, the penalties, and the defenses that matter most.

Is sexual conduct with a minor a felony in Arizona, and what class?

Yes. Sexual conduct with a minor under A.R.S. § 13-1405—sexual intercourse or oral sexual contact with anyone under 18—is graded by age. When the minor is under 15 it is a Class 2 felony and a Dangerous Crime Against Children; for a minor 15 to 17 it is generally a Class 6 felony, elevated to a Class 2 if the defendant held a position of trust.

Awards & Recognition

Our recognition for Phoenix sex crime defense is independently verified, click any award to confirm it:

Together, these place Tamou Law Group among the best Phoenix sex crime lawyers, led by Founding Attorney Michael Tamou and a full team of attorneys, including former prosecutors.

What is the sentence for sexual conduct with a minor in Arizona?

If the minor is under 15, it is a Class 2 DCAC with a presumptive 20-year flat-time term, range 13 to 27, no probation, and consecutive sentencing for multiple counts. For a victim 15 to 17 with no position of trust it is a Class 6 (probation to about 2 years); a position of trust raises that to a Class 2 with roughly 3 to 12.5 years.

Does Arizona have a Romeo and Juliet law for sexual conduct with a minor?

Only a limited one—there is no broad exemption. A narrow statutory close-in-age defense may apply where the victim is 15 to 17, the defendant is under 19 or still in high school, the conduct was consensual, and the defendant is no more than 24 months older. The exact ages and facts control whether it applies, so we examine them closely.

Does sexual conduct with a minor require sex offender registration in Arizona?

In most cases, yes—a conviction requires sex-offender registration, often for life, with community notification and restrictions. Avoiding a registerable conviction, where the facts allow, is a central goal of the defense.

What does “position of trust” mean in a sexual conduct case?

A position of trust covers a parent, guardian, teacher, coach, clergy member, or others with authority over the minor. For a victim 15 to 17, a position of trust raises the charge from a probation-eligible Class 6 to a Class 2 felony—a major escalation we work to defeat.

What are the defenses to sexual conduct with a minor in Arizona?

Strong defenses include a false or exaggerated allegation from a custody, divorce, or relationship dispute, flaws in the forensic interview, and mistaken identity or that the conduct did not occur. Where the ages qualify we press the close-in-age defense, contest the victim’s exact age and any position-of-trust designation, and challenge digital and DNA evidence that often fails to corroborate the claim.

How Age Sets the Sentence

The minor’s age, and any position of trust, determine whether this is a probation-eligible Class 6 or a flat-time Class 2 DCAC.

Arizona Sexual Conduct With a Minor Grading (A.R.S. §§ 13-1405, 13-705)
Victim Age / CircumstanceClassificationExposure*Registration
Under 15Class 2 DCAC13 – 27 yrs (flat, presumptive 20)Lifetime
15–17 (no trust)Class 6 FelonyProbation – 2 yearsLikely
15–17, position of trustClass 2 Felony3 – 12.5 yearsLifetime
Close-in-age (qualifying)Statutory defenseMay bar prosecution
Multiple countsEach a countConsecutive (DCAC)Lifetime

*DCAC sentences are flat-time, consecutive, with no probation. Whether a close-in-age defense applies, and the victim’s exact age, can change everything.

Charged with sexual conduct with a minor in Arizona? Talk to our defense team before you speak with police or investigators, 24/7.

The Charge, Element by Element

What the State Must Prove for Sexual Conduct With a Minor

To convict you of Sexual Conduct With a Minor under A.R.S. § 13-1405, the prosecutor must prove every one of these elements beyond a reasonable doubt. If even one fails, the charge fails.

  1. 1Sexual intercourse or oral sexual contact. The specific conduct defined by statute occurred, the nature of the contact can be disputed.
  2. 2With a minor under 18. The other person was under 18, and the exact age sets the classification and any close-in-age defense.
  3. 3Intentionally or knowingly. You acted intentionally or knowingly, identity, intent, and whether anything occurred are contested.
  4. 4(Aggravator) position of trust / age under 15. A position of trust, or a victim under 15, elevates the charge and the sentence.
Every element above is a place to fight. The State must prove them all; we only need to defeat one. The stop, the search, the State’s evidence, and proof of intent or knowledge are common weak points.

Examples of Conduct Charged as Sexual Conduct With a Minor

  • An accusation arising from a custody or divorce dispute
  • A relationship where the exact ages trigger the close-in-age question
  • A position-of-trust allegation (teacher, coach, clergy, family)
  • A delayed report with no corroborating evidence
  • A case built mainly on a forensic interview of the child
Sentencing Exposure

What Sentence Could You Actually Face?

Sexual conduct with a minor ranges from a probation-eligible Class 6 to a flat-time Class 2 DCAC with ~20 years mandatory and lifetime registration. The age, position of trust, and any close-in-age defense decide where you fall.

Class 2 DCAC

Victim Under 15

Range:13 – 27 yrs (flat)
Presumptive:~20 years
Probation:None
Register:Lifetime

Class 2

15–17, Position of Trust

Range:3 – 12.5 yrs
Trust:Teacher/coach/etc.
Register:Lifetime
Record:Felony

Class 6

15–17, No Trust

Range:Probation – 2 yrs
Close-age:Possible defense
Register:Likely
Record:Felony

⚠ Age, Trust, and Credibility Decide It

Three things drive a sexual-conduct case: the victim’s exact age (under 15 means flat-time DCAC), any position of trust (which elevates a 15–17 case to a Class 2), and the accuser’s credibility. Because so many cases rest on a single accusation and a forensic interview, attacking the interview, the inconsistencies, and the motive to fabricate, while pressing any close-in-age defense, is the heart of the work.

Defense Strategies

How We Fight Arizona Sexual Conduct With a Minor Cases

Every case has weak points. These are the defenses we look at first.

Attacking the Accusation

False or Exaggerated Allegation. We investigate the accuser’s motive, common in custody, divorce, and relationship disputes, and document inconsistencies and delayed reporting.

Forensic-Interview Flaws. Leading, suggestive, and contaminating interview techniques produce unreliable accounts; our experts expose them.

It Did Not Happen / Mistaken Identity. The State must prove the conduct occurred and that you are the person; we challenge both.

No Corroboration. Many cases lack any physical, digital, or witness corroboration of the single accusation.

Attacking the Charge & the Evidence

Close-in-Age Defense. Where the ages and facts qualify, the statutory close-in-age defense can bar or reduce the prosecution.

Disputing Age or Trust. The victim’s exact age and any ‘position of trust’ designation drive the class; we contest both.

Digital & DNA Evidence. We independently review phone, message, and forensic evidence that frequently fails to support the claim.

Suppression. Statements from an improper interview or confrontation call, and evidence from an unlawful search, can be suppressed.

Our Defense Team

The Experts We Bring to the Table

Sex cases are built on a single accusation, a forensic interview, and digital evidence. We bring the specialists who take them apart.

Forensic-Interview Experts

Accuser Interviews

Analyze how a child or adult accuser was interviewed and expose leading, suggestive, and contaminating techniques that produce false reports.

Digital Forensics Experts

Devices, Images & IP

Examine phones, computers, and accounts, and challenge whether the digital evidence proves who possessed or sent anything.

DNA & Medical (SANE) Experts

Forensic Exams

Independently review DNA and SANE medical findings, which frequently do not show assault or do not identify our client.

False-Allegation & Psychology Experts

Motive & Memory

Address the dynamics of false and exaggerated allegations, memory contamination, and suggestibility, especially in custody and relationship disputes.

Defense Investigators

Inconsistencies & Motive

Reconstruct the timeline, locate witnesses, and document the accuser’s inconsistencies and motives to fabricate.

Mitigation & Treatment Specialists

Protecting Your Future

Build the mitigation and evaluation record that can avoid a registerable conviction or reduce the exposure.

Proven Results

Recent Sexual Conduct With a Minor Defense Results

Every case is unique and results depend on the facts, but these examples reflect how our firm handles sexual conduct with a minor cases across Arizona.

Custody-Dispute Allegation

Offense: ARS § 13-1405Stage: Pre-Indictment

No Charges Filed

We documented the accuser’s motive and inconsistencies in a custody fight; the investigation closed with no charges.

Forensic-Interview Flaws

Offense: ARS § 13-1405Court: Maricopa County Superior Court

Charges Dismissed

Our expert showed the child interview was leading and suggestive; the case was dismissed.

Close-in-Age Defense

Offense: ARS § 13-1405Court: Maricopa County Superior Court

Charges Dismissed

The qualifying ages and consensual facts triggered the statutory close-in-age defense, barring the prosecution.

Position-of-Trust Disputed

Offense: ARS § 13-1405Court: Maricopa County Superior Court

Reduced to Class 6

We defeated the ‘position of trust’ aggravator, dropping a Class 2 to a probation-eligible Class 6.

No Corroboration

Offense: ARS § 13-1405Court: Maricopa County Superior Court

Charges Dismissed

With no physical or digital corroboration and a delayed, inconsistent report, the State dismissed.

Confrontation Call Suppressed

Offense: ARS § 13-1405Court: Maricopa County Superior Court

Charges Reduced

We suppressed a misleading confrontation-call ‘admission,’ sharply weakening the State’s case.

Client Reviews

What Clients Say About Tamou Law

Real Google reviews from clients we have defended across Phoenix and Maricopa County. Every review is from a criminal defense client, never padded with non-legal work.

5.0
Google Rating
1,000+
Cases Won
100%
Criminal Defense
24/7
Availability

Clients reach us searching for the best sexual conduct lawyer in Phoenix, a statutory rape or child sex crime defense attorney, or help with an A.R.S. 13-1405 charge. Our Phoenix criminal defense lawyers and Scottsdale criminal defense attorneys defend sexual conduct with a minor and other sex-crime cases across Phoenix, Scottsdale, Mesa, Tempe, Chandler, Gilbert, Glendale, Peoria, and all of Maricopa County, from offices in both cities. This page is part of our Arizona sex crimes practice. Call 623-321-4699 or contact our team for a free, confidential consultation, 24/7.

Common Questions

Arizona Sexual Conduct With a Minor FAQs

Quick answers to the questions we hear most about sexual conduct with a minor charges, penalties, and defenses in Arizona.

How serious is sexual conduct with a minor in Arizona?

Very. When the minor is under 15 it’s a Class 2 Dangerous Crime Against Children with a presumptive 20-year (range 13-27) flat-time sentence, no probation, and lifetime registration. For ages 15-17 it’s generally a Class 6, but a position of trust makes it a Class 2.

Does Arizona have a ‘Romeo and Juliet’ law?

Only a limited one. There’s no broad exemption, but a narrow statutory defense may apply where the victim is 15-17, the defendant is under 19 or in high school, the conduct was consensual, and the defendant is no more than two years older. The exact ages control.

What does ‘position of trust’ mean?

A parent, guardian, teacher, coach, clergy member, or others with authority over the minor. For a 15-17-year-old victim, a position of trust raises the charge from a Class 6 to a Class 2 felony, a major escalation we work to defeat.

What if the accusation is false?

False and exaggerated allegations are common, especially in custody, divorce, and relationship disputes. We investigate the accuser’s motive, the forensic interview, delayed reporting, and inconsistencies, and challenge the lack of corroboration.

Can a forensic interview of the child be challenged?

Yes. Child forensic interviews are often leading, suggestive, or contaminating, which produces unreliable accounts. Our experts analyze the interview technique and expose those flaws, frequently central to the defense.

Will I have to register as a sex offender?

In most cases, yes, a conviction requires sex-offender registration, often for life, with community notification and restrictions. Avoiding a registerable conviction, where possible, is a central goal of the defense.

Should I talk to detectives or take a call from the accuser?

No. A ‘voluntary interview’ and a recorded ‘confrontation call’ from the accuser are the main ways these cases are built. Politely decline, do not engage, and call a lawyer. The pre-charge stage is critical.

Can these cases be resolved without the harshest outcome?

Sometimes. Beyond fighting the case outright, we work to defeat the under-15 and position-of-trust aggravators and, where resolution is necessary, to negotiate toward a non-DCAC, lower-exposure outcome. Every decision is weighed against registration and prison exposure.

Will I get a real attorney or a junior associate?

At many large firms the name on the door is a marketing figurehead and your case goes to a rotating associate. At Tamou Law Group your defense is handled by a full team of experienced attorneys, not associates, including founding attorney Michael Tamou. Call 623-321-4699, 24/7.

Key Takeaways

  • Sexual conduct with a minor (A.R.S. § 13-1405) covers sexual intercourse or oral sexual contact with anyone under 18.
  • When the minor is under 15, it is a Class 2 DCAC, mandatory flat-time prison (presumptive ~20 years) and lifetime registration.
  • For a minor 15–17, it is generally a Class 6 felony, but a position of trust (teacher, coach, clergy, parent) makes it a Class 2.
  • Arizona has a limited close-in-age defense, not a broad “Romeo and Juliet” law, the details matter enormously.
  • These cases often rest on a single accusation and a forensic interview, both of which can be challenged.
  • False or exaggerated allegations are common in custody, divorce, and relationship disputes.
  • Your case is handled by a full team of attorneys, not associates, including Michael Tamou, available 24/7 at 623-321-4699.
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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.