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

If you’ve been accused of an unwanted sexual touching or contact, you’ve probably seen the term “sexual battery.” It’s a common search, but in Arizona it can be confusing, because Arizona has no crime called “sexual battery.” What people mean by that phrase is prosecuted under two different statutes, and the one you’re charged under makes an enormous difference. Here’s the plain-English breakdown, and what to do if you’re facing charges.

Is “Sexual Battery” a Crime in Arizona?

No. Other states use “sexual battery” for unwanted sexual contact, but Arizona does not have that offense on the books. Instead, the conduct people describe as sexual battery is charged as one of two crimes, depending on what is alleged to have happened:

• Sexual abuse (A.R.S. § 13-1404), unwanted sexual contact (touching for a sexual purpose), short of intercourse.
• Sexual assault (A.R.S. § 13-1406), non-consensual sexual intercourse or oral sexual contact (what most people call rape).

So the “sexual battery vs. sexual assault” question really comes down to sexual abuse vs. sexual assault, and the difference is the type of contact.

Sexual Abuse (the closest thing to “sexual battery”)

Sexual abuse under A.R.S. § 13-1404 is intentionally engaging in sexual contact with another person without consent, touching of a sexual nature that does not involve penetration or oral contact. For an adult victim it is a Class 5 felony. When the victim is under 15, it is a Class 3 felony and a Dangerous Crime Against Children with mandatory prison.

Sexual Assault (A.R.S. § 13-1406)

Sexual assault is the more serious charge: non-consensual sexual intercourse or oral sexual contact. It is a Class 2 felony with mandatory prison (a presumptive 7-year term for a first offense, more with priors or additional victims) and lifetime sex-offender registration. In adult cases, the central issue is almost always consent.

Sexual Abuse vs. Sexual Assault: Side by Side

Both turn on consent in adult cases. DNA typically proves contact, not lack of consent.

Which Charge Will You Face?

It depends entirely on what the State alleges. If the accusation involves intercourse or oral contact, expect sexual assault; if it involves other unwanted touching, expect sexual abuse. Either way, the defense often comes down to consent (in adult cases), the accuser’s credibility and motive, the forensic and DNA evidence, and any recorded “confrontation call” police arrange. For a full breakdown of penalties and defenses, see our Arizona sexual assault defense page, our sexual abuse defense page, or our main sex crimes defense guide.

Frequently Asked Questions

Is sexual battery the same as sexual assault in Arizona?

Not exactly. Arizona has no “sexual battery” charge. Unwanted touching is charged as sexual abuse (13-1404), while intercourse or oral contact without consent is sexual assault (13-1406), a far more serious Class 2 felony.

What is the penalty for sexual assault in Arizona?

Sexual assault is a Class 2 felony with mandatory prison, a presumptive 7-year term for a first offense (5.25–14 years), increased with priors or additional victims, plus lifetime sex-offender registration.

Is consent a defense to these charges?

Yes, in adult cases consent is usually the central defense. The State must prove the contact was without consent, and DNA typically shows only that contact occurred, not that it was non-consensual.