Age of Consent Questions for Arizona

Q&A on statutory rape laws, age of consent laws, sexual assault laws for Arizona. Ask your Question

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Concerned about my brother

:: November 06, 2008 10:09

My brother who is 21 has a 17 year old girlfriend who is pregnant. They are in a relationship, but the pregnancy was NOT planned. Being that she is underage, can the doctors inform police that she is underage and him be charged with statutory rape?

Yes, that possibility does exist. Many professionals, including doctors and nurses, are required, by law, to report suspected criminal activity perpetrated on a minor. A minor can petition the court for emancipation in Arizona, which would terminate minor status, giving them adult status under certain situations. Arizona Revised Statutes Seciton 12-2451. Petition for emancipation order; requirements; notification; representation; waiver of filing fees A. A minor who wishes to be emancipated may file a petition for an emancipation order with the clerk of the court in the county in which the minor resides if all of the following apply: 1. The minor is at least sixteen years of age. 2. The minor is a resident of this state. 3. The minor is financially self-sufficient. 4. The minor acknowledges in writing that the minor has read and understands information that is provided by the court and that explains the rights and obligations of an emancipated minor and the potential risks and consequences of emancipation. 5. The minor is not a ward of the court and is not in the care, custody and control of a state agency. B. A petition filed pursuant to this section must contain the following: 1. The petitioner's name, mailing address, social security number and date of birth. 2. The name and mailing address of the petitioner's parent or legal guardian if known. 3. Specific facts to support the petition, including: (a) The minor's demonstrated ability to manage the minor's financial affairs including proof of employment or other means of support. (b) The minor's demonstrated ability to manage the minor's personal and social affairs, including proof of housing. (c) The minor's demonstrated ability to live wholly independent of the minor's parent. (d) The minor's demonstrated ability and commitment to obtain or maintain education, vocational training or employment. (e) How the minor will obtain or maintain health care. (f) Any other information considered necessary to support the petition. (g) At least one of the following: (i) Documentation that The minor has been living on the minor's own for at least three consecutive months. (ii) A statement explaining why the minor believes the home of the minor's parent or legal guardian is not a healthy or safe environment. (iii) A notarized statement that contains written consent to the emancipation and an explanation by the minor's parent or legal guardian. C. The court shall hold a hearing on the petition within ninety days after the date of its filing and shall notify the petitioner and the petitioner's parent or legal guardian of the date and place of the hearing by certified mail at least sixty days before the hearing date. For good cause shown, the court may continue the initial emancipation hearing. D. The minor's parent or legal guardian may file a written response objecting to the emancipation within thirty days of service of the notice of the hearing. E. The minor may participate in the court proceedings on the minor's own behalf or be represented by an attorney chosen by the minor. If the court determines it necessary, the court may appoint a guardian ad litem for the petitioner. F. The court may reduce or waive the fee prescribed in section 12-284 for filing a petition for emancipation of a minor for financial hardship.

24 yrs past and molested at 5 please help

:: August 02, 2008 00:17

I was molested at 5 and am now 25 in October. Can I bring charges on this sick family member? I AM A FEMALE AND SHE IS MY AUNT WHO IS IN HER LATE 30'S.

If you feel any child is in harms way, please contact police immediately and report it. The short answer is yes. It may be possible under Arizona laws, including the statute of limitations laws, to bring criminal charges against your Aunt; however, the decision to do so would be at the sole discretion of the District Attorney in your jurisdiction and would come from a thorough investigation of your aunt. There are different statute of limitations laws in all states. Whether or not she could be charged in criminal court will depend on what charges the District Attorney would file against her based on the evidence found in an investigation. The first step is to file a criminal complaint either directly with the District Attorney’s office or the police. Some District Attorney’s will send you to the police to file the complaint while others may allow you to file directly with their office. Based on the details in that complaint they will either open an investigation or choose not to pursue it if there is not enough evidence to seek a conviction. Assuming this act was committed in the State of Arizona, the follow statute of limitations apply to the following sexual crime laws in Arizona. The statute of limitations is the time allowed to bring criminal charges against someone for a crime alleged to have been committed. The state is bound by law to bring charges against an individual within a specific time frame.

Criminal Prosecutions Citation: Rev. Stat. § 13-107

There is no statute of limitations under certain conditions for crimes falling under specific areas of the law. These include homicide, kidnapping, and charges may be filed against individuals at any time for:
  • Violent sexual assault committed by a convicted felony sexual offender
  • Sexual conduct with a minor who is under 15 years of age
  • Sexual assault
  • Molestation of a child
  • Continuous sexual abuse of a child (three or more incidents of abuse)
  • Commercial sexual exploitation of a minor
  • Sexual exploitation of a minor
Generally, the statute of limitations for a class 2 through 6 felony is a period of 7 years. Crimes classified as class 2 through class 6 felonies include:
  • Child abuse
  • Aggravated domestic violence against a child
  • Public sexual indecency to a minor
  • Sexual abuse of a minor
  • Indecent exposure to a minor under 15 years of age
  • Sexual conduct with a minor at least 15 years of age
  • Luring a minor for sexual exploitation
  • Admitting minors to public displays of sexual conduct
Generally, the statute of limitations for a misdemeanor is a period of 1 year.

Civil Legal Actions

Citation: Rev. Stat. §§ 12-502; 12-511; 12-542; 12-550
The statute of limitations will not begin for a minor entitled to bring a claim until he or she reaches 18 years of age. At that time, the limitations period prescribed for the claim’s offense begins. .

I am 22 and she is 16

:: March 14, 2008 20:37

Can I get written consent from a 16 year old females legal guardian (mother) to have sex with her? I am doing my dudilegence to protect myself and her and need to know the law. I haven't even met her, only online.After she told me the truth about her age I told her that we can only be friends. She is a resident in Arizona. Thank you for your time.

NO! a written statement from a parent will NOT override state or federal sexual offense laws.

  1. A parent may sign a waiver in some states in the presence of a judge or court clerk that allows a minor to be married prior to being a legal adult.
  2. A parents rights may be terminated in some states where the minor petitions the court for emancipation which ends their status as a "minor" making them a legal adult before they reach the age of 18.
However, a parent who writes and signs a statement giving any adult permission to engage in illegal sexual contact with their minor child may themselves be in violation of child abuse laws and such a written statement may be used as evidence against them in support of the charge.
  • The age of consent in Arizona is 18.
  • If you are not in Arizona and you cross state lines for the purpose of sexual contact with a minor, you may be in violation of Federal laws, as well as, state laws.
  • In addition, if you have been communicating over the internet with the minor and any of these communications could be reasonably perceived as pornographic in nature, such an exchange may be in violation of child pornography laws.
  • If you have solicited sex from a minor over the internet and attempt to follow through with the act, you may be in violation of federal and state laws.
  • If you solicit sex with a minor and the minor is transported out of state or aided to be transported out of state for the purpose of illegal sexual contact, this may be considered as a federal violation.
I'm a new volunteer here and I am probably breaking a rule by saying this but I am going to say it anyway. They can delete if its not appropriate.
WHAT ARE YOU THINKING??!!
You are 22 years old? You've got a great life ahead and you want to screw it up for a little illegal sex? You were in high school more than 6 years ago. 16 year olds are in a completely different stage of life. Get a grip man! Find a woman that's of legal age! Messing with a minor kid could land you in some really bad places with some really bad people and I guarantee, they won't be thinking too highly of you with a sex offender wrap on your jacket. USE YOUR BRAIN!

Having sex unknowingly with a minor

:: January 11, 2008 15:20

What if you have sex with a person under 18 but you were unaware of their age? They never disclosed that information and consented to sex.

There is an affirmative defense based on lack of knowledge of the age of a minor, within the laws in Arizona. It would be highly recommended you seek out the advice of an attorney if charges have been filed against you. The laws are below.

13-1407. Defenses
B. It is a defense to a prosecution pursuant to sections 13-1404 and 13-1405 in which the victim's lack of consent is based on incapacity to consent because the victim was fifteen, sixteen or seventeen years of age if at the time the defendant engaged in the conduct constituting the offense the defendant did not know and could not reasonably have known the age of the victim.
13-1404. Sexual abuse; classifications
A. A person commits sexual abuse by intentionally or knowingly engaging in sexual contact with any person fifteen or more years of age without consent of that person or with any person who is under fifteen years of age if the sexual contact involves only the female breast. B. Sexual abuse is a class 5 felony unless the victim is under fifteen years of age in which case sexual abuse is a class 3 felony punishable pursuant to section 13-604.01.
13-1405. Sexual conduct with a minor; classifications
A. A person commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person who is under eighteen years of age. B. Sexual conduct with a minor who is under fifteen years of age is a class 2 felony and is punishable pursuant to section 13-604.01. Sexual conduct with a minor who is at least fifteen years of age is a class 6 felony. Sexual conduct with a minor who is at least fifteen years of age is a class 2 felony if the person is the minor's parent, stepparent, adoptive parent, legal guardian or foster parent and the convicted person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed has been served or commuted. Sources: Arizona State Legislature

Arizona statue of limitations laws

:: December 08, 2007 15:17

What is the statute of limitations on attempted child molestation?

Criminal Prosecutions Citation: Rev. Stat. § 13-107
See Arizona Statutes There is no statute of limitations for:
  • Violent sexual assault committed by a convicted felony sexual offender
  • Sexual conduct with a minor who is under 15 years of age
  • Sexual assault
  • Molestation of a child
  • Continuous sexual abuse of a child (three or more incidents of abuse)
  • Commercial sexual exploitation of a minor
  • Sexual exploitation of a minor
Generally, the statute of limitations for a class 2 through 6 felony is a period of 7 years. Crimes classified as class 2 through class 6 felonies include:
  • Child abuse
  • Aggravated domestic violence against a child
  • Public sexual indecency to a minor
  • Sexual abuse of a minor
  • Indecent exposure to a minor under 15 years of age
  • Sexual conduct with a minor at least 15 years of age
  • Luring a minor for sexual exploitation
  • Admitting minors to public displays of sexual conduct
Generally, the statute of limitations for a misdemeanor is a period of 1 year.

Age of consent - Statute of limitations - Defenses

:: November 12, 2007 08:36

my bf has a daughter that is 5. the mother was 19-20 when the child was born. Is there a statute of limitations on this since the mother was over age and my bf in question was a minor? If there is a law protecting him, can anything be done to her, the mother?

Yes, possibly. If a crime occured and was reported to the authorities or the District Attorney, she could have charges filed against her. Determining the charges would depend on the age of the boy-friend at the time the sexual intercourse first occured. It would be up to the district attorney to investigate and determine what crime, if any, was committed; the classification of the crime and whether the statute of limitations would prevent prosecuting the crime. Source: Arizona State Legislature

13-1405. Sexual conduct with a minor; classifications
A) A person commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person who is under eighteen years of age. B) Sexual conduct with a minor who is under fifteen years of age is a class 2 felony and is punishable pursuant to section 13-604.01. Sexual conduct with a minor who is at least fifteen years of age is a class 6 felony. Sexual conduct with a minor who is at least fifteen years of age is a class 2 felony if the person is the minor's parent, stepparent, adoptive parent, legal guardian or foster parent and the convicted person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed has been served or commuted.
13-107. Time limitations
A. A prosecution for any homicide, any offense that is listed in chapter 14 or 35.1 of this title and that is a class 2 felony, any violent sexual assault pursuant to section 13-1423, any violation of section 13-2308.01, any misuse of public monies or a felony involving falsification of public records or any attempt to commit an offense listed in this subsection may be commenced at any time. B. Except as otherwise provided in this section, prosecutions for other offenses must be commenced within the following periods after actual discovery by the state or the political subdivision having jurisdiction of the offense or discovery by the state or the political subdivision that should have occurred with the exercise of reasonable diligence, whichever first occurs: 1. For a class 2 through a class 6 felony, seven years. 2. For a misdemeanor, one year. 3. For a petty offense, six months. C. For the purposes of subsection B of this section, a prosecution is commenced when an indictment, information or complaint is filed. D. The period of limitation does not run during any time when the accused is absent from the state or has no reasonably ascertainable place of abode within the state. E. The period of limitation does not run for a serious offense as defined in section 13-604 during any time when the identity of the person who commits the offense or offenses is unknown. F. The time limitation within which a prosecution of a class 6 felony shall commence shall be determined pursuant to subsection B, paragraph 1 of this section, irrespective of whether a court enters a judgment of conviction for or a prosecuting attorney designates the offense as a misdemeanor. G. If a complaint, indictment or information filed before the period of limitation has expired is dismissed for any reason, a new prosecution may be commenced within six months after the dismissal becomes final even if the period of limitation has expired at the time of the dismissal or will expire within six months of the dismissal.
13-1407. Defenses to prosecution
A. It is a defense to a prosecution pursuant to sections 13-1404 and 13-1405 involving a minor if the act was done in furtherance of lawful medical practice. B. It is a defense to a prosecution pursuant to sections 13-1404 and 13-1405 in which the victim's lack of consent is based on incapacity to consent because the victim was fifteen, sixteen or seventeen years of age if at the time the defendant engaged in the conduct constituting the offense the defendant did not know and could not reasonably have known the age of the victim. C. It is a defense to a prosecution pursuant to section 13-1402, 13-1404, 13-1405 or 13-1406 if the act was done by a duly licensed physician or registered nurse or a person acting under the physician's or nurse's direction, or any other person who renders emergency care at the scene of an emergency occurrence, the act consisted of administering a recognized and lawful form of treatment that was reasonably adapted to promoting the physical or mental health of the patient and the treatment was administered in an emergency when the duly licensed physician or registered nurse or a person acting under the physician's or nurse's direction, or any other person rendering emergency care at the scene of an emergency occurrence, reasonably believed that no one competent to consent could be consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent. D. It is a defense to a prosecution pursuant to section 13-1404 or 13-1405 that the person was the spouse of the other person at the time of commission of the act. It is not a defense to a prosecution pursuant to section 13-1406 that the defendant was the spouse of the victim at the time of commission of the act. E. It is a defense to a prosecution pursuant to section 13-1404 or 13-1410 that the defendant was not motivated by a sexual interest. It is a defense to a prosecution pursuant to section 13-1404 involving a victim under fifteen years of age that the defendant was not motivated by a sexual interest. F. It is a defense to a prosecution pursuant to section 13-1405 if the victim is fifteen, sixteen or seventeen years of age, the defendant is under nineteen years of age or attending high school and is no more than twenty-four months older than the victim and the conduct is consensual.

state differences

:: September 18, 2007 19:17

I have a 17 year old girlfriend living in maryland where the age of consent is 16, and she is visiting me in arizona. I am a California citizen residing in arizona, both states have a consent age of 18. I am 18. If anything were to happen during our visit, is the age close enough, does the fact that she's a citizen in a state where she can give consent matter at all, or is it just illegal either way?

The law applies in what ever jurisdiction the act takes place. It will not matter where your state of residence is. When in Arizona, the laws of Arizona apply. When in California, the laws of California apply. When in Maryland, the laws of Maryland apply. If a minor is outside their state of residency, it must be with the consent of their legal guardian or parent and they must follow the laws in the state jurisdiction they enter. If a minor child is encouraged, coerced, transported, enticed, or aided in being transported across state lines without a parents consent for the purpose of sexual activities with an adult, the adult may be in violation of federal law.

26 and 16 year old

:: August 20, 2007 18:51

My husband was accused in Ohio of sexual imposition of a minor. The girl was 15, he was 22. This was the highest charge the grand jury would allow due to lack of evidence. We now live in Arizona and I recently discovered he has been texting and talking on the phone a lot to a 16 year old girl he works with. He is now 26. Besides being very alarming that he is talking to this girl, I am afraid history may repeat it's self. How much evidence would it take in Arizona to prove misconduct? If her parents found the phone bill and were suspicious that something was going on, would they need her to admit it to do something about it?

In Arizona the age of consent is 18 and sexual conduct with a minor includes sexual intercourse or oral sexual contact. The minor would not have to cooperate or admit to anything for the 26 year old to face possible criminal charges. If a complaint is filed by the parents with authorities alleging that a 26 year old adult is involved sexually with a 16 year old minor, this is enough to start an investigation. If there is evidence found in the form of text messages, IM's, emails, voice mails, etc... these can all be used against the adult in a criminal case. Also, there is a possibility his past criminal conviction in Ohio could be used as evidence of similar crimes in the state of Arizona. (see 13-1420. Sexual offense; evidence of similar crimes; definition) Electronic transmissions and voice mail can be obtained in an investigation with a court order through ISP's and Cell phone service providers, sometimes even after they've been deleted from a user's computer or cell phone. If the 26 year old was convicted of a sexual offense in the state of Ohio that required him to register as a sex offender and he failed to contact AZ authorities to inquire as to his registration status in their state, he could also face a felony violation for failure to register.

Rape law in Arizona

:: August 08, 2007 06:42

when does the statue of limitations expire on a Sexual Assault of a child under 12

Criminal Prosecutions Citation: Rev. Stat. § 13-107
There is no statute of limitations for:
  • Violent sexual assault committed by a convicted felony sexual offender
  • Sexual conduct with a minor who is under 15 years of age
  • Sexual assault
  • Molestation of a child
  • Continuous sexual abuse of a child (three or more incidents of abuse)
  • Commercial sexual exploitation of a minor
  • Sexual exploitation of a minor
Generally, the statute of limitations for a class 2 through 6 felony is a period of 7 years. Crimes classified as class 2 through class 6 felonies include:
  • Child abuse
  • Aggravated domestic violence against a child
  • Public sexual indecency to a minor
  • Sexual abuse of a minor
  • Indecent exposure to a minor under 15 years of age
  • Sexual conduct with a minor at least 15 years of age
  • Luring a minor for sexual exploitation
  • Admitting minors to public displays of sexual conduct
Generally, the statute of limitations for a misdemeanor is a period of 1 year.
Civil Actions Citation: Rev. Stat. §§ 12-502; 12-511; 12-542; 12-550
The statute of limitations will not begin for a minor entitled to bring a claim until he or she reaches 18 years of age. At that time, the limitations period prescribed for the claim’s offense begins.

Underage daughter having sex

:: July 08, 2007 07:27

I am a divorced mother of a 15 year old (just 15 in April)daughter. She lives with her father because their are less restrictions with him than with me, and he has allowed her to date a 19 year old boy. I don't agree with his decision. I just found out they have had sex more than once! I have told her and her father this relationship needs to STOP! Father does not agree at this time. What if she becomes pregnant? Do I have the right as a parent to make her have an abortion?

In the state of Arizona, it is a class 6 felony if a 19 year old is convicted of having sexual intercourse or oral sexual contact with any person under the age of 18. The father condoning this activity does not override state law. (Arizona Criminal code below.) You are within your rights as a parent to report the 19 year old to police. It may also be prudent to inquire as to the proper procedure and protocol for petitioning the court for a protective order or restraining order; there may be cause for the court to intervene and stop contact legally between the 19 year old and the 15 year old through a court order. Local procedure for these types of orders vary from jurisdiction to jurisdiction. No. You do not have the right to make your teenager get an abortion. Except in a medical emergency where the teenager’s life is at risk, no parent or guardian may force a minor to have an abortion. If a teenage girl feels threatened that this may happen, she can go to the court for assistance.

13-1405. Sexual conduct with a minor; classifications
A) A person commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person who is under eighteen years of age. B) Sexual conduct with a minor who is under fifteen years of age is a class 2 felony and is punishable pursuant to section 13-604.01. Sexual conduct with a minor who is at least fifteen years of age is a class 6 felony. Sexual conduct with a minor who is at least fifteen years of age is a class 2 felony if the person is the minor's parent, stepparent, adoptive parent, legal guardian or foster parent and the convicted person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed has been served or commuted.

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