Practice Areas:
"PRE-CHARGE" CASESRELEASE HEARINGSASSAULTCHILD ABUSE / SBSCOMPUTER CRIMESDOMESTIC VIOLENCEDRUG CASESDUI / DWI LAWSDUI DEFENSESMVD HEARINGSJUVENILE CASESPROBATION REVOCATIONPROF. LICENSINGSEX CRIMESTHEFT / WHITE COLLARASSET FORFEITUREVEHICULAR CRIMESWARRANTS / EXTRADITIONSENTENCE MODIFICATIONAPPEALS / RULE 32
ARIZONA SEX CRIMES
Allegations generically referred to as "sex crimes" include numerous criminal
offenses including Rape (Sexual Assault), Sexual Conduct With a Minor, Child Molestation,
Possession and Distribution of Child Pornography (including on the internet), Prostitution,
Solicitation of Prostitution, Indecent Exposure, and Sexual Abuse. An accusation of
any sex offense must be taken very seriously, as the consequences can be devastating.
Sex crimes vary in type and by severity of punishment. Depending on the nature of the offense, sex crimes that do not involve children can be charged as either misdemeanor or felony offenses. Sex crimes that involve minors may be charged as "Dangerous Crimes Against Children" (DCAC).
The Gillespie Law Firm, P.C. has successfully represented many clients charged with different sex crimes, including:
- Child Molestation
- Indecent Exposure
- Internet Child Pornography
- Luring a Minor for Sexual Exploitation
- Prostitution
- Public Sexual Indecency
- Sexual Abuse
- Sexual Assault/Rape
- Sexual Conduct with a Minor
- Sexual Exploitation of a Minor
- Solicitation of Prostitution
Our firm will:
- Gather important factual information
- Provide advice and insulate you from police contact
- Contact the detective in charge of the case
- Talk to the prosecutor assigned to the case
- Immediately begin our own investigation of the case
- Under certain circumstances, arrange for private polygraph testing
- Appear with you if you are charged and taken before the court
- Schedule a "risk assessment" with an expert
- Defend your rights at every step of the legal process
- Make sure all aspects of your case are properly explored
- Represent you aggressively at all times in court and in negotiations
An accusation of any sex crime must be taken very seriously, as the consequences can be devastating. Often a conviction will result in long term incarceration in state prison, required registration as a sex offender, and lifetime probation. With proper legal representation, you will feel secure knowing that you are in good hands. The Gillespie Law Firm, P.C. has successfully defended many clients and is often able to reduce, dismiss, and alter the charges against them.
The most common Arizona sex crimes can be summarized as follows:
Child Molestation
An alleged molestation of a child occurs when a person intentionally or knowingly engages in, or causes a person to engage in, sexual contact (except sexual contact with the female breast) with a child under 15 years or age. Molestation of a Child is a class 2 felony and defined by statute to be a dangerous crime against children. One count of Child Molestation is punishable by a minimum of 10 years, a presumptive term of 17 years, and a maximum of 24 years in prison. The term of imprisonment must be served day for day: there is no applicable "good time" or early release provision. The term of imprisonment for Child Molestation must be served consecutively to any other sentence imposed. A.R.S. § 13-1410.
Indecent Exposure
An allegation of indecent exposure occurs when one exposes their genitals or anus (or in the case of a female, her areola or nipple) and another person is present, and if the defendant is reckless about whether such other person would be offended or alarmed by the act. Indecent exposure is a class 1 misdemeanor. However, indecent exposure to a person under the age of 15 years of age is a class 6 felony. A.R.S. § 13-1402
Internet Child Pornography
In Arizona, engaging in internet child pornography can result in a charge of sexual exploitation of a minor. (See below.) A.R.S. § 13-3553.
In addition, engaging in internet child pornography can result in a Federal charge under the Child Pornography Prevention Act of 1996. Under this act, one who knowingly receives or distributes child pornography via the internet (or by any other means) can be imprisoned for up to 15 years for the first offense. 18 U.S.C. § 2552A.
Luring a Minor for Sexual Exploitation
An allegation of luring a minor for sexual exploitation occurs when one offers or solicits sexual conduct with another person knowing or having reason to know that the other person is a minor. It is not a defense to this charge that the "minor" was in fact a peace officer posing as a minor. Luring a minor for sexual exploitation is a class 3 felony. If the minor is under 15 years of age, then luring a minor for sexual exploitation is punishable as a dangerous crime against children. A.R.S. § 13-3554.
Prostitution
In Phoenix, an allegation of prostitution occurs when one offers to perform, agrees to perform, or actually performs a sexual act for hire. Prostitution is a class 1 misdemeanor, and is punishable by up to six months in prison and a $2500 fine on the first conviction. Phoenix City Code § 23-52.
Public Sexual Indecency
An allegation of public sexual indecency occurs when one intentionally or knowingly, in the presence of another that would reasonably be offended or alarmed by the act, engages in an act of sexual contact, oral sexual contact, sexual intercourse, or sexual contact between him/herself and an animal. If the offended person is a minor under the age of 15 years, the crime is charged as a class 5 felony. Otherwise, this crime is a class 1 misdemeanor. A.R.S. § 13-1403.
Sexual Abuse
An allegation of sexual abuse occurs when one intentionally or knowingly engages in sexual contact with any person without the consent of that person (or with any person who is under 15 years of age) if the sexual contact involves only the female breast. Sexual abuse is a class 5 felony. However, if the victim is under 15 years of age, the crime is a class 3 felony and punishable as a dangerous crime against children. A.R.S. § 13-1404.
Sexual Assault / Rape
An alleged sexual assault occurs when one intentionally or knowingly engages in sexual intercourse or oral sexual contact with any person without consent of that person. A conviction for sexual assault carries a mandatory minimum sentence of 5.25 years imprisonment for a first offense. A.R.S. 13-1406.
Sexual Conduct with a Minor
An allegation of sexual conduct with a minor occurs when one intentionally or knowingly engages in sexual intercourse or oral sexual contact with any person that is under 18 years of age. Sexual conduct with a minor who is 15 years of age or older is a class 6 felony. A.R.S. §13-1405.
However, it is a much more serious offense if the sexual conduct is alleged to have occurred with a minor who is under 15 years of age. Sexual conduct with a minor under 15 years of age is a class 2 felony and punishable as a dangerous crime against children. A.R.S. § 13-1405.
Sexual Exploitation of a Minor
An allegation of sexual exploitation of a minor occurs when one knowingly records, films, photographs, develops, duplicates, distributes, transports, exhibits, receives, sells, purchases, electronically transmits, possesses, or exchanges any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct. Sexual exploitation of a minor is a class 2 felony. If the minor is under 15 years of age, then sexual exploitation of a minor is punishable as a dangerous crime against children. A.R.S. § 13-3553.
Solicitation of Prostitution
In Phoenix, an allegation of solicitation or prostitution occurs when one solicits or hires another person to perform a sexual act. Solicitation of prostitution is a class 1 misdemeanor, and is punishable by up to six months in prison and a $2500 fine on the first conviction. Phoenix City Code § 23-52.
Defending Against Alleged Sex Offenses
The prosecution must prove beyond a reasonable doubt that the defendant committed each element of the alleged sex offense. The available defenses vary greatly from case to case, but may include consent, insufficient evidence, mistaken identity, illegal search and seizure, and other defenses. In many cases, certain circumstances unique to the defendant or the particular case may reduce or negate the defendant's criminal culpability. An experienced criminal defense attorney will ensure that the prosecutor has not ignored favorable evidence and will gather evidence to support the defense. This may include a psychological evaluation, evidence showing the victim has a motive not to tell the truth or a history of not telling the truth, evidence of the victim's mental state or tendency to fantasize or to form false memories, supporting medical evidence and opinions, and other evidence establishing the client's innocence.
Often sex offense acts have no witnesses. Consequently, sex offense are frequently prosecuted on thin evidence or accusations of individuals lacking credibility. False charges of molestation or sexual assault are common, with motives including jealousy, revenge, attention, or cover up. To properly defend against such cases, background information regarding the accuser and the context in which the allegations were made is often vital. If you or a loved one has been arrested or charged with a sex offense, the most important call you can make will be to an experienced criminal defense lawyer, so he or she can begin investigating your case as soon as possible. Violating sex offense laws can bring very severe penalties and alter your life forever. Penalties may include fines, being required to register as a sex offender, losing rights to see your children, jail terms, or long prison sentences. An aggressive and experienced criminal defense attorney will help you obtain the best results under the particular law and facts of your case and may be able to get your charges reduced and, in some cases, dismissed.
The Importance of Experts in Arizona Sex Crimes Cases
In defending sex crimes, a psychological evaluation or "risk assessment" is often performed by a qualified expert who is called upon to evaluate the defendant to determine whether or not the defendant poses a real risk should he be permitted to remain in the community. In many cases where diagnostic testing establishes that the defendant is at a low risk, the State or the judge may determine the defendant is a good candidate for probation.
Punishment for Sex Crimes
Punishment for a sex crime offender in Arizona will depend on the type of offense (misdemeanor or felony), level of offense, and application of any statutory sentence enhancement. A misdemeanor sex crime conviction can be punished by up to 6 months in county jail. A conviction can also result in mandatory counseling, HIV testing, community service, sex offender registration, fines, and probation. A felony sex crime conviction can result in a sentence of probation, jail, or prison. Conviction for many sex crimes will result in extremely long terms of incarceration under Arizona's harsh mandatory sentencing scheme. Furthermore, a conviction for some sex crimes will result in registration as a sex offender and public disclosure. Severity of punishment can also be affected by factors such as the defendant's criminal history/prior convictions, whether the offense was committed while on probation or parole, and numerous other circumstances.
Sex Offender Registration / Lifetime Probation
In Arizona many convictions for sex offenses require registration with the Arizona Department of Public Safety (DPS), and/or local law enforcement agencies. In many cases even defendants who receive probation are required to register as a sex offender. Sex offenders in Arizona are often placed on "lifetime probation" which includes close monitoring and counseling referred to as the Sex Offender Treatment Program, a very comprehensive plan designed for the treatment of individuals with various sexual pathologies.
Dangerous Crimes Against Children
By far, the most severe section of Arizona's mandatory sex crimes sentencing schemes involves alleged "Dangerous Crimes Against Children" (DCAC).
The following sex crimes that are committed against a minor who is under fifteen years of age are alleged as DCAC offenses:
- Sexual abuse
- Sexual exploitation of a minor
- Sexual assault
- Molestation of a child
- Commercial sexual exploitation of a minor
- Continuous sexual abuse of a child
Probation in Dangerous Crimes Against Children Cases
Under certain circumstances, a defendant charged with a Dangerous Crimes Against Children sex offense can negotiate to have the charge reduced, which may make them eligible for probation. Occasionally, prosecutors will stipulate to a probation plea, but more often, they will offer the defendant a "no agreements" plea, in which case counsel for the defendant must advocate to the Court that probation, not prison, is the appropriate disposition for his or her client.
Conclusion
If you have been accused of a sex crime, it is imperative that you contact an experienced attorney immediately to begin your representation. The Gillespie Law Firm, P.C. is a leading criminal defense firm has special knowledge and years of experience in defending clients charged with alleged sex offenses in the state of Arizona. The firm can handle all of the aspects of your case, including pre-trial investigation, witness interviews, legal research, defense identification, grand jury and motion practice, plea negotiations, and, if necessary, full litigation at trial and on appeal. We will strongly advocate your case at all times, yet do so in a discrete manner, as we recognize that your reputation and your future are at stake. If you chose to retain our law firm, we will provide the highest level of criminal defense representation available.
The information set forth above is only a simplified overview of Arizona's sex crimes sentencing scheme. Each defendant's individual case is often quite complex depending upon the particular facts of the alleged crime. Many circumstances impact the formulation of sentencing in any given case and the sentencing scheme is far more complicated than the simple explanation you have read about here. Always seek professional personal advice from an experienced criminal defense attorney who can help you identify all of the facts and issues that may affect the outcome of your particular matter.
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