Child Molestation Defense
A child molestation allegation is overwhelming, and it can involve family members and people you care about. We focus on the facts, the exact words of the statute and protecting your rights from the first contact with investigators.
We can help. Nova Law Group was built by a former Maricopa County Attorney’s Office felony prosecutor. We prepare every case as if it is going to trial, and we take a meticulous, aggressive approach, fighting from every angle, because the report is only one side of the story.
Talk to us before you talk to anyone else. Call (480) 405-6767. Consultations are free and confidential, and the earlier we are involved, the more we can do.
At a glance
- The law: A.R.S. § 13-1410 makes it a crime to intentionally or knowingly engage in, or cause a person to engage in, sexual contact with a child under 15, except contact with the female breast.
- How it is classified: A class 2 felony that is sentenced as a dangerous crime against children under A.R.S. § 13-705.
- Possible sentence (first offense): 10 to 24 years in prison for each count, with a presumptive term of 17 years and no probation.
- Where the case is heard: Maricopa County Superior Court, in the downtown Phoenix criminal court complex (Central Court Building, 201 W. Jefferson St.; South Court Tower, 175 W. Madison St.). Confirm the building on your current notice.
- What to do now: Do not contact the child or the family about the allegation, and do not discuss it online. Talk to a defense lawyer before you speak with police or a child safety investigator.
What the law says
Under § 13-1410(A), the State has to prove that:
- You engaged in sexual contact with a child, or caused a person to engage in sexual contact with a child.
- The child was under 15 years of age.
- The contact was not contact with the female breast.
- You acted intentionally or knowingly.
"Sexual contact" is defined in A.R.S. § 13-1401(A)(3). It means any direct or indirect touching, fondling or manipulating of any part of the genitals or anus by any part of the body or by any object, or causing a person to engage in that contact. The general definition also covers the female breast. Section 13-1410 excludes breast contact from this offense, although that conduct may be charged as a different offense.
The definition has an important limit. Under § 13-1401(A)(3)(b), sexual contact "does not include direct or indirect touching or manipulating during caretaking responsibilities," or interactions with a minor that "an objective, reasonable person would recognize as normal and reasonable under the circumstances." This can matter in cases that involve bathing, dressing, toileting or other everyday care.
How it is classified
Molestation of a child is a class 2 felony under § 13-1410(B), punishable under § 13-705. Under § 13-705(R), a completed offense is a dangerous crime against children in the first degree, and an attempt or other preparatory offense is in the second degree.
| Charge | Classification | Sentencing rule |
|---|---|---|
| Molestation of a child, completed | Class 2 felony, first degree | § 13-705(F), with no probation under § 13-705(K) |
| Attempted molestation or another preparatory offense | Class 3 felony, second degree | § 13-705(M) |
| Continuous sexual abuse of a child (a separate charge) | Dangerous crime against children, first degree | § 13-705(I) |
Possible penalties
These terms apply to a person who is at least 18 or who has been tried as an adult. Each term applies to each count.
| Charge and record | Minimum | Presumptive | Maximum |
|---|---|---|---|
| Molestation, first offense (§ 13-705(F)) | 10 years | 17 years | 24 years |
| Molestation, one predicate felony (§ 13-705(F)) | 21 years | 28 years | 35 years |
| Second degree, if prison is imposed (§ 13-705(M)) | 5 years | 10 years | 15 years |
| Continuous sexual abuse of a child (§ 13-705(I)) | 39 years | 60 years | 81 years |
Under § 13-705(K), a person sentenced for a first degree offense "is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis" until the sentence is served, apart from narrow exceptions named in the statute. Two or more predicate felonies require a life sentence under § 13-705(L). A "predicate felony" includes a prior felony involving a sexual offense or a dangerous crime against children, among others (§ 13-705(T)(2)).
Consecutive sentences are a major issue. Under § 13-705(P), only a sentence for sexual abuse under subsection (H) involving one victim may run concurrently. Every other dangerous crime against children sentence "shall be consecutive to any other sentence imposed on the person at any time." That means multiple molestation counts, even involving one child, are served one after another.
Consequences beyond the sentence
- Registration: Molestation of a child is listed in A.R.S. § 13-3821(A), so a conviction requires registration with the county sheriff. See our sex offender registration page.
- Your record: Under A.R.S. § 13-905(P), a set-aside is not available for an offense that requires registration or for a felony in which the victim was under 15. See our record sealing and set-asides page.
- Firearms: A felony conviction makes it unlawful under 18 U.S.C. § 922(g) to possess a firearm or ammunition.
- Immigration: A conviction can make a person deportable under 8 U.S.C. § 1227(a)(2). If you are not a U.S. citizen, talk to an immigration lawyer before you accept any plea.
- Family and work: An allegation can lead to a separate child safety investigation, family court issues or an order of protection. A conviction can affect licenses and any job involving children.
- Plea offers: A plea to a different offense can still carry serious consequences. Avoiding jail is not the same as avoiding a conviction.
How we defend child molestation cases
The elements. The State has to prove sexual contact as the law defines it, a child under 15, and an intentional or knowing act. Accidental contact, or contact during ordinary care that a reasonable person would see as normal, may fall outside the definition.
How the account developed. We review the first disclosure, who the child talked to, and the recorded forensic interview, including how questions were asked. Allegations sometimes arise during a divorce, custody dispute or family conflict. That context does not decide a case, but it can be relevant to how an account took shape.
Medical and expert review. Medical findings, counseling records the court allows us to obtain, and expert testimony on child interviewing and memory can be important. We can retain independent experts to review the State's evidence.
Statements and procedure. Recorded calls, interviews and messages arranged during the investigation are reviewed for how they were obtained. We also examine the charging decisions, the grand jury presentation and the State's disclosure.
The charge and mitigation. Because first degree sentences are mandatory prison and consecutive, the specific charge on which a case resolves matters a great deal. Background, family support and evaluations may be part of the mitigation we present.
Why Nova Law Group
Nova Law Group was built by Ryan Tait, a former Maricopa County Attorney’s Office felony prosecutor. The practice is criminal defense first. We keep caseloads deliberately low, which means the lawyers on your case have time to actually watch the video and read the reports line by line. We take cases to trial when trial is the right pressure. Overcharging happens, and a case that is genuinely prepared for trial changes the conversation with the prosecutor. Most criminal cases are quoted as a flat fee. Consultations are free and confidential.
Common questions
The statute requires an intentional or knowing act, and § 13-1401(A)(3)(b) excludes touching during caretaking that a reasonable person would see as normal and reasonable. Whether the facts fit that exclusion depends on the details. We look closely at the household routine, the setting and what was actually described.
Under the current text of § 13-705(P), sentences for molestation of a child must be consecutive to any other sentence. The only concurrent exception in that subsection is for sexual abuse involving one victim. This is one reason the number of counts charged matters so much.
Yes. Under A.R.S. § 13-107(A), a prosecution for a class 2 felony in chapter 14 of Title 13 "may be commenced at any time." Molestation of a child is in that chapter. Delay can affect memory and evidence, and we examine what may have been lost.
The ranges in § 13-705 apply to a person who is at least 18 or who has been tried as an adult. A person under 18 may be in juvenile court instead, which has different consequences. See our juvenile delinquency page and talk to us before any interview.
Sources
Arizona statutes link to the official text on azleg.gov, the Arizona State Legislature’s website. Federal law and general legal references link to Cornell Law School’s Legal Information Institute (LII). Laws change, so the version in effect on the date of your case controls.
Arizona law (azleg.gov)
- A.R.S. § 13-1410: Molestation of a child; classification
- A.R.S. § 13-705: Dangerous crimes against children; sentences; definitions
- A.R.S. § 13-1401: Definitions; factors
- A.R.S. § 13-3821: Persons required to register; procedure; identification card; assessment; definitions
- A.R.S. § 13-905: Setting aside judgment of convicted person on discharge; application; release from disabilities; certificate of second chance
- A.R.S. § 13-107: Time limitations
Cornell Legal Information Institute
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Talk to a Maricopa County criminal defense lawyer
If you have been arrested, charged, or contacted by a detective, the decisions you make in the first few days matter. Nova Law Group defends misdemeanor and felony cases in the Superior Court and in municipal and justice courts across Maricopa County.
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