Sexual Conduct with a Minor Defense
An accusation involving a minor can turn your life upside down overnight. The details of age, relationship and timing control how Arizona treats this charge, and we help you understand each one.
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. § 13-1405 makes it a crime to intentionally or knowingly engage in sexual intercourse or oral sexual contact with anyone under 18.
- How it is classified: If the minor is under 15, a class 2 felony sentenced as a dangerous crime against children. If the minor is 15 to 17, a class 6, class 4 or class 2 felony, depending on the facts.
- Possible sentence (first offense): Minor under 15: 13 to 27 years in prison, and life in some cases. Minor 15 to 17: from the class 6 range of 0.33 to 2 years up to a class 2 term with 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 minor or the minor's family, and do not delete messages or accounts. Talk to a defense lawyer before you speak with investigators.
What the law says
Under § 13-1405(A), the State has to prove that:
- You engaged in sexual intercourse or oral sexual contact with another person.
- That person was under 18 years of age.
- You acted intentionally or knowingly.
Lack of consent is not one of the elements. Both key terms are defined in A.R.S. § 13-1401, and "sexual intercourse" there includes masturbatory contact as well as penetration.
The minor's age and your relationship to the minor control the classification. A "position of trust" is defined in § 13-1401(A)(2). It includes:
- A parent, stepparent, grandparent, adoptive parent, legal guardian, aunt, uncle or foster parent.
- A teacher, adult school employee or volunteer, coach, instructor or clergy member.
- A person in a sexual or romantic relationship with the minor's parent or certain other relatives.
- Certain other relatives, the minor's employer, and staff of a group home or residential treatment facility where the minor lives or lived.
A.R.S. § 13-1407 sets out defenses. Two are central to these cases:
- Close-in-age defense. Under § 13-1407(E), it is a defense if the minor was 15, 16 or 17, you were under 19 or attending high school, you were no more than 24 months older, and the conduct was consensual.
- Age you could not reasonably have known. Under § 13-1407(B), when the minor was 15, 16 or 17, it is a defense if you "did not know and could not reasonably have known" the minor's age. The statute does not extend this defense to a minor under 15.
How it is classified
| Minor's age and facts alleged | Class | Sentencing rule |
|---|---|---|
| 12 or under, and the minor suffered serious physical injury | Class 1 felony | Natural life, under § 13-1405(B) |
| Under 15 | Class 2 felony | Dangerous crime against children under A.R.S. § 13-705 |
| 15 to 17, and you are or were in a position of trust | Class 2 felony | No probation or release until the sentence is served |
| 15 to 17, and you were older than 21 and more than 60 months older than the minor | Class 4 felony | If probation is granted, one year in jail is required |
| 15 to 17, other cases | Class 6 felony | General felony ranges in A.R.S. § 13-702 |
Possible penalties
Minor under 15. The ranges below apply to a person who is at least 18 or who has been tried as an adult. Under § 13-705(K), a person sentenced for a completed 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.
| Minor's age | Term under § 13-705 |
|---|---|
| 12 or younger, accused 18 or older | Life, with no release before 35 years, under § 13-705(B). That subsection "does not apply to masturbatory contact." |
| Under 12, other cases | Life possible under § 13-705(C). If life is not imposed: 13 years minimum, 20 presumptive, 27 maximum. |
| 12, 13 or 14 | 13 years minimum, 20 presumptive, 27 maximum under § 13-705(E). With one predicate felony: 23, 30 and 37 years. |
These subsections overlap for a child who is 12 or younger, and the statute appears to require life when the accused was 18 or older and the conduct was not masturbatory contact. How they apply to your case is a question for your lawyer. Two or more predicate felonies require life under § 13-705(L). Under § 13-705(P), each sentence "shall be consecutive to any other sentence imposed on the person at any time." An attempt is a second degree offense under § 13-705(R) and, under § 13-705(M), a class 3 felony with a prison range of 5 to 15 years (presumptive 10).
Minor 15 to 17. For a first offense, § 13-702(D) sets these prison ranges, from mitigated to aggravated:
| Class | Range | Presumptive |
|---|---|---|
| Class 2 | 3 to 12.5 years | 5 years |
| Class 4 | 1 to 3.75 years | 2.5 years |
| Class 6 | 0.33 to 2 years | 1 year |
The class 2 position of trust form bars probation under § 13-1405(B). The class 4 form requires one year in jail if probation is granted.
Consequences beyond the sentence
- Registration: Sexual conduct with a minor 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.
- Work, school and family: A conviction can affect professional licenses, school enrollment, jobs involving minors and family court matters.
- Plea offers: A plea in the class 4 or class 6 tiers may include probation. Avoiding jail is not the same as avoiding a conviction.
How we defend these cases
Age and relationship. The minor's exact age and your age on the date alleged decide the class and the sentencing law. We verify dates, check whether the close-in-age defense in § 13-1407(E) applies, and test whether a claimed relationship truly fits the position of trust definition.
The account and how it developed. Some cases rest largely on one person's account. We review recorded forensic interviews, including how questions were asked, along with school, medical and counseling records the court allows us to obtain.
Procedure and mitigation. Phones and app data can confirm or contradict a timeline, and we review how devices were searched and how statements were obtained. Because the tier controls whether prison is mandatory, the charge on which a case resolves can be a central question, and careful mitigation can matter in those discussions.
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
It can be, if the minor was 15, 16 or 17. Section 13-1407(B) provides a defense when you did not know and could not reasonably have known the minor's age, so profiles, messages and any identification shown can matter. The statute does not offer this defense when the minor was under 15.
Yes. If the minor was 15 to 17, you were under 19 or in high school, the age gap was no more than 24 months and the conduct was consensual, § 13-1407(E) provides a defense. If you were under 18, the case may be handled in juvenile court. See our juvenile delinquency page.
For the class 2 forms, no. 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." Other time limits may apply to class 4 and class 6 charges, and we check how they apply to yours.
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. § 13-1405: Sexual conduct with a minor; classification
- A.R.S. § 13-1401: Definitions; factors
- A.R.S. § 13-1407: Defenses
- A.R.S. § 13-705: Dangerous crimes against children; sentences; definitions
- A.R.S. § 13-702: First time felony offenders; sentencing; definition
- 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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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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