Understanding Dangerous Crimes Against Children In Arizona: Legal Consequences

Crimes against children are quite delicate in any state of the US, so Arizona is no exception. Arizona treats these crimes with strong severity, and the stakes increase as soon as the investigation starts. In fact, these charges receive some of the heaviest penalties in the state. That’s why understanding what they bring to the table is so crucial to anyone, especially those facing them.

Learning all the details about how the legal system handles these crimes, and what outcomes someone may face, can make a huge difference. To make this task easier, our experienced Scottsdale criminal defense attorney has created this guide that explains the real impact of a conviction and shows why anyone involved in these cases needs correct information from the very start.

What Counts As a Dangerous Crime Against Children (DCAC) In Arizona

The state of Arizona considers Dangerous Crimes Against Children (DCAC) any offense that involves a minor under 15 and creates a serious risk of harm. Here’s what’s usually considered a DCAC:

Child Sex Trafficking – ARS 13-3212

For definition, ARS 13-3212, “Child Sex Trafficking” can happen in two ways. One is regarding Child Prostitution, which means hiring a Prostitute who is under the age of 18; and the second, is engaging with a Minor for the “Purpose of Commercially Facilitating” Child Prostitution. In simple terms, if a person is “engaging” with an underage prostitute, they are usually considered what we call a “John”. But if the person is “Commercially Facilitating” an underage Prostitute, then they are known as a “Pimp”, and this category is much more serious.

Both charges require that the person “knew” that the prostitute was 15, 16, or 17 years old. That’s because the person can use it as a defense that they didn’t know the prostitute was under 18 years old. However, if the prostitute was 14 years old or younger, then “Strict liability” applies. This is what we call a “Dangerous Crimes Against Children (DCAC)”.

To be charged with “Commercially Facilitating” Sex Trafficking/Child Prostitution, the Defendant must have either:

• Cause, use, or permit the minor to engage in prostitution.
• Obtain any financial or other benefit for allowing the minor to participate in prostitution.
• Finance, manage, supervise, control, or own any part of the prostitution activity involving the minor.
• Transport or finance the transportation of a minor for the purpose of prostitution.
• Provide any means by which the minor engages in prostitution.
• Entice, recruit, harbor, transport, make available, or obtain a minor with the explicit purpose of engaging in prostitution.

If the person posing as a child prostitute was actually an undercover detective, aged 18 or older, does not constitute a valid defense against this charge. This scenario is frequently encountered in internet-based “Undercover Sting Operations.”

Class 5 Punishment: Child Sex Trafficking per ARS 13-3212(J)

A Class 5 Felony regarding a Non-DCAC minor can have a few penalties. Keep in mind that we’re talking here about Class 5 Felony that includes Engaging in Prostitution with a Non-DCAC Minor (Age 15, 16, or 17) – First Offense (ARS 13-3212 (J))

• Mandatory Minimum: 180 days in Jail.
• Presumptive Sentence: 3 years in Prison.
• Maximum Sentence: 4 years in Prison.

Any sentence imposed for this violation must be served consecutively to any other sentence the person has received. This means the other sentence is “stacked” and must be served immediately after the time for this offense’s punishment has been completed.

Class 2 Punishment: Child Sex Trafficking per ARS 13-3212(G)

Class 2 Felony includes “Commercially Facilitating” Child Sex Trafficking/Child Prostitution of a Non-DCAC Minor (i.e., age 15, 16, or 17). If it is a First Offense per ARS 13-3212 (I), here’s what the person can expect as penalties:

• Mandatory Minimum: 7 years in Prison.
• Presumptive Sentence: 10.5 years in Prison.
• Maximum Sentence: 21 years in Prison.

A violation of this section carries a consecutive sentence. This means the penalty will be “stacked” on top of any other sentence the person is currently serving or has been previously sentenced to, and the time for this new offense must be served immediately following the completion of the prior sentence.

Class 2 Punishment: Child Sex Trafficking of a Minor (DCAC) per ARS 13-3212(B)(1)

This Class 2 Felony involves “Commercially Facilitating” Child Sex Trafficking/Child Prostitution of a Minor where the Alleged Victim is 14 years of age or younger, so it can be considered a DCAC (Dangerous Crimes Against Children) per ARS 13-3212(F), and ARS 13-705(A).

Here are the possible penalties:

• A mandatory sentence of Natural Life in Prison as minimum, and the prison time is “day for day” so it cannot be reduced in any way.

How do prior felony convictions or multiple offenses committed on separate dates impact the defendant’s case?
If the person has only an Allegeable Prior Felony Conviction, then their sentence regarding a Non-DCAC victim (between 15-17 years old) will increase a lot. In that case, the sentence will be:

• Mandatory Minimum: 14 years in Prison.
• Presumptive Sentence: 15.75 years in Prison.
• Maximum Sentence: 28 years in the Department of Corrections.

Moreover, if the person has two or more Allegeable Prior Felony Convictions, they then become what is known as “Category 3.”

• Mandatory Minimum: 21 years in Prison.
• Presumptive Sentence: 28 years in Prison.
• Maximum Sentence: 35 years in the Department of Corrections.

As for Dangerous Crimes Against Children (DCAC) offenses, if the person has a Prior “Predicate Felony” that can be easily Alleged (this includes another DCAC Conviction or a Prior Serious Felony offense), the Incarceration could potentially be “Life-Ending”.

The impact Of Fines In Dangerous Crime Against Children (DCAC)

Fines are not normally imposed, but it’s still possible to obtain up to a $150,000 penalty. This penalty does not include surcharges and add-ons which would total 84% more. In other words, the person accused could be facing over a Quarter Million Dollars in fines if convicted of one of these charges!

Protect Your Future With Experienced Arizona Lawyers For Serious Child Crime Charges

Dangerous Crimes Against Children charges can easily reshape a person’s life forever. Arizona’s laws are very strict with these cases, and that’s why the long-term consequences reach far beyond the courtroom.

For anyone under investigation or already charged, quick action is crucial. We invite you to contact our Scottsdale criminal defense lawyers at Tamou Law Group for immediate support and professional legal action. Contact us now for more help!