Sexual Offenses

Although sex crime accusations can arise from accidental or unintentional conduct, or even if the alleged offender was unaware their actions were illegal, they can unfortunately receive very serious repercussions. Sex offense criminal charges and convictions in Mesa can often result in any of the following consequences:

• Damage to personal and business relationships;
• Damage to the alleged offender’s reputation;
• Sex offender registration requirements,
• Ineligibility to pursue certain jobs or occupations,
• Refusal to be admitted to certain school or educational opportunities;
• Jail or prison sentences,
• Fines, and/or
• A criminal record.

Arizona law also frequently requires the alleged offender to face additional penalties and mandatory minimum prison sentences if the offense was committed against a child, if the offense was violent, or if the alleged offender was a repeat offender.

If you have been accused of engaging in illegal sexual acts, it is important to hire an experienced criminal lawyer in Mesa who will help you create your best defense to the allegations against you and make every effort to help you avoid the most serious penalties to your sex crime charges.

If you have been accused of committing a sex crime in Mesa, or any of the surrounding areas in Arizona, including Phoenix, Gilbert, Tempe, Chandler, Scottsdale or East Valley, contact the Law Office of James E. Novak. Attorney James Novak is knowledgeable in all areas of Arizona’s sex crime laws and will make every effort to fight the allegations against you and help you achieve the most desirable outcome for your particular situation. Call the Law Office of James E. Novak for a free consultation at (480) 413-1499 about your alleged sexual offense.

• Mesa Sexual Assault Offenses
• Public Nudity Crimes in Tempe
• Child Sex Crimes in Tempe
• Defenses to Sex Crimes in Arizona
• Arizona Sex Offender Registration
• Mesa Resources for Sexual Offenses

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Allegations of sexual assault are very serious and can often lead to lengthy prison sentences in addition to requirements to register as a sex offender in Arizona. The most commonly prosecuted sexual offenses in Mesa are defined in the Arizona Revised Statutes as follows:

Sexual Assault – ARS § 13-1406 – An individual can be charged with this offense if they intentionally or knowingly engage in sexual intercourse or oral sexual conduct with any person without the consent of that person. This offense is punishable as a class 2 felony with minimum mandatory prison time.

Sexual Abuse – ARS § 13-1404 – An individual can be charged with this offense if they intentionally or knowingly engage in sexual contact with any person who is 15 or older without consent of that person, or with any female breasts under the age of 15. This offense is punishable as a class 3 or class 5 felony.

Sexual Misconduct – ARS § 13-1418 – A psychiatrist, psychologist or other behavioral health professional can be charged with this offense if they intentionally or knowingly engage in sexual intercourse with a client under their care or supervision. This offense is punishable as a class 6 felony.

Violent Sexual Assault – ARS § 13-1423 – An individual can be charged with this offense if they commit sexual abuse, sexual conduct with a minor, or sexual assault and:

• Use a deadly weapon during the commission of the offense, or
• Has a previous conviction for another sexual offense and intentionally or knowingly inflicts serious physical injury on the victim.

A conviction for this offense can result in life imprisonment without the possibility of parole.

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Most public nudity offenses in Tempe are the result of harmless acts, pranks or drunken behavior. Unfortunately, this type of conduct can occasionally result in criminal charges, and possibly serious repercussions.

Indecent Exposure – ARS § 13-1402 – An individual can be charged with this offense if they expose their genitals, anus, female areola or nipples, and another person is present. In order to be charged with this offense, the alleged offender must also act recklessly as to whether a reasonable person would find the actions harmful or offensive. Indecent exposure is punishable as a class 1 misdemeanor or a class 6 felony.

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Child sex crimes often result in the most serious repercussions in Tempe, even in cases where the alleged offender was unaware the victim was underage or the alleged offender did not intentionally or knowingly commit the criminal act.

Sexual Conduct with a Minor – ARS § 13-1405 – An individual can be charged with this offense if they intentionally or knowingly engage in sexual intercourse or oral sexual contact with any person who is under the age of 18. This offense is also known as statutory rape. Sexual Conduct with a Minor is punishable as a class 2 or class 6 felony, depending on the age of the child.

Sexual Exploitation of a Minor – ARS § 13-3552 – An individual can be charged with this offense if they knowingly use, employ, persuade, entice, induce or coerce a minor to engage in or assist others to engage in exploitive behavior, exhibition or other sexual conduct for the purpose of producing any visual depiction or live act depicting such conduct. This offense is also commonly known as child pornography and can result in a class 2 felony conviction.

Child Molestation – ARS § 13-1410 – An individual can be charged with this offense if they intentionally or knowingly engage in or cause a person to engage in sexual contact with a child under the age of 15. However, sexual contact with a female’s breast is not considered child molestation in Arizona. This offense is punishable as a class 2 felony.

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The Arizona Revised Statutes § 13-1407 lists defenses to certain sex crimes throughout the state. These are commonly known as affirmative defenses, which means the alleged offender is admitting the act occurred, but there was a defense to the criminal charges in order to prevent prosecution. These defenses are as follows:

• An individual accused of sexual abuse or sexual conduct with a minor can avoid criminal prosecution if the act was done in furtherance of lawful medical practice.
• An individual accused of sexual abuse or sexual conduct with a minor can avoid criminal prosecution if the alleged victim was not able to consent to the act because they were 15, 16 or 17 years old, and the alleged offender did not know and could not have reasonably known the age of the victim.
• An individual accused of sexual abuse or sexual conduct with a minor can avoid criminal prosecution if the alleged victim was the spouse of the alleged offender at the time of the act.
• An individual accused of sexual abuse and molestation of a child can avoid criminal prosecution if the alleged offender was not motivated by sexual interest.
• An individual accused of sexual abuse can avoid criminal prosecution if the alleged victim was under 15 years old and the alleged offender was not motivated by sexual interest.
• An individual accused of sexual conduct with a minor can avoid criminal prosecution if the alleged victim was 15, 16 or 17 years old at the time of the offense, the alleged offender was under 19 years old or attending high school, the alleged offender was no more than 24 months older than the alleged victim at the time of the offense, and the conduct was consensual.

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According to Arizona Revised Statutes § 13-3821, individuals who have been convicted of a variety of sex offenses in Arizona are required to register with the sheriff in any county they enter within ten days and remain in that county if they have received a conviction for any of the following offenses:

• Unlawful imprisonment;
• Kidnapping;
• Sexual abuse;
• Sexual conduct with a minor;
• Sexual assault;
• Molestation of a child;
• Continuous sexual abuse of a child;
• Taking a child for the purpose of prostitution;
• Child prostitution;
• Sexual exploitation of a minor;
• Luring a minor for sexual exploitation;
• Sex trafficking of a minor; or
• Second or subsequent indecent exposure.

A convicted sex offender may be required to register for a period of ten years for all sexual offenses except kidnapping or unlawful imprisonment of a minor. Anyone who has at least one prior conviction or was adjudicated guilty of a sexual offense requiring registration is required to register for life upon a second or subsequent conviction.

Any failure to comply with registration laws can result in an additional conviction for a class 4 felony offense. Additionally, all sex offenders are required to obtain a special Arizona driver’s license that indicates the holder is subject to sex offender registration. Any failure to obtain this license can result in a Class 1 misdemeanor conviction and a $250 assessment.

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Arizona Revised Statutes – Chapter 14 of Title 13 of the Arizona Revised Statutes lists all sexual offenses and the penalties for committing a sexual offense in Arizona, including sexual abuse, public indecency, sexual conduct with a minor and sexual assault. This link is the definitions associated with sexual offenses in Arizona.

Arizona Sex Offender Registration Laws – This website contains the registration requirements for individuals who have been convicted of sexual offenses in Arizona, as provided by the Arizona Department of Public Safety.

Center for Sex Offender Management – This national organization aims to enhance public safety by preventing further sex crime victimization through improving the management of adult and juvenile sex offenders.

The Association for the Treatment of Sexual Abusers – This national organization’s goal is to prevent sexual abuse by educating the public, researching, and learning about policies and strategies in order to effectively treat and manage sex offenders.

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Contact the Law Office of James E. Novak today for a consultation about your sexual offense throughout Maricopa County in Arizona. James Novak is an experienced criminal defense lawyer in Tempe who will make every effort to find applicable defenses or mitigating factors in order to have your charges reduced or even dismissed. Contact the Law Office of James E. Novak at (480) 413-1499 for a consultation about your sex crime allegations throughout Maricopa County in Arizona.