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MESA PHOENIX SEXUAL CONDUCT WITH A MINOR DEFENSE ATTORNEY

A.R.S. § 13-1405 defines sexual conduct with a minor as intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person under eighteen years old.  An older term for sexual conduct with a minor is statutory rape.  A.R.S. § 13-1401(A)(4) defines “sexual intercourse” as any penetration into the penis, vulva or anus by any part of the body or by any object or masturbatory contact with the penis or vulva.  In other words, Arizona defines “sexual intercourse” more broadly than our popular culture.

 

Under A.R.S. § 13-1405(B), sexual conduct with a minor who is under fifteen years of age is a Class 2 felony and is punishable under A.R.S. § 13-705, the Dangerous Crimes Against Children statute Sexual conduct with a minor who is at least fifteen years of age is a Class 6 felony punishable by .33 years to 2 years in prison.  Sexual conduct with a minor who is at least fifteen years of age is a Class 2 felony punishable by 3 to 12.5 years in prison if the person is or was in a position of trust to the minor.

“False accusations of sexual conduct with a minor happen more than you think.  I have a strategy to fight them!”  Lisa Witt

According to A.R.S. § 13-705, a person who is at least eighteen years of age who violates A.R.S. § 13-1405 against a minor twelve years of age or younger could be sentenced anywhere from 13 years to life for a first time felony offense.  If the minor is twelve, thirteen, or fourteen, sexual conduct with a minor is punishable by 13 to 27 years in prison for a first time felony offense.  A person convicted of sexual conduct with a minor will be placed on lifetime sex offender probation.  Lifetime registration as a sex offender is also required.

DEFENSES FOR SEXUAL CONTACT WITH A MINOR CHARGES IN ARIZONA

 

A charge of sexual conduct with a minor is very fact-intensive and very serious.  Lisa is an intelligent, detail-oriented defense attorney who will thoroughly evaluate your case and determine if one or more of the following potential defense strategies apply:

 

  • Good character:  You may have witnesses who can testify that you would never commit sexual conduct with a child.  The Arizona Court of Appeals has ruled that character witnesses may make the difference in whether a person is found guilty or not guilty in a sex crimes case.

 

  • Alibi:  You may have been out of town, with other people, or working during the times alleged in the indictment.

 

  • Contact with victim not “sexual contact”:  The contact was not “sexual contact” as defined by A.R.S. § 13-1401(b).

 

  • Bad character of victim:  The victim may have a mental illness, drug problem, alcohol problem, or prior sexual conduct with a minor done by someone else which leads him or her to make false accusations against you.

 

  • Bad acts of victim:  The victim may have falsely accused someone else of sexual conduct with a minor, may have sexually acted out against others, or may have a reputation for lying.

“It takes a special kind of attorney to successfully defend against sexual conduct with a minor charges.”  Lisa Witt

  • Motive of victim:  The victim’s motives may be one or more of the following:  trying to change his/her living situation, trying to strike back against you out of anger, or trying to please a parent.

 

  • Bad character of victim’s parent or guardian:  The victim’s parent or guardian may have a mental illness, drug problem, alcohol problem, or history of sexual conduct with a minor which leads him or her to unduly influence the victim to make false accusations against you.

 

  • Bad acts of victim’s parent or guardian:  The victim’s parent or guardian may have falsely accused someone else of sexual conduct with a minor, may have sexually acted out against others, or may have a reputation for lying.

 

  • Motive of victim’s parent or guardian:  The victim’s parent or guardian may have impure motives such as:  wanting sole custody, anger, revenge, or hatred.

 

  • Implausibility of victim’s claims:  The victim’s claims may be implausible based on the timeline or other facts alleged.

 

  • Missing or tainted evidence:  Sometimes the State’s evidence is missing or falsified.  For example, the videotape of the victim’s sexual assault examination may be blank or the State’s test result for a supposed positive test for a venereal disease obtained from you may be edited.

  • Suppression of State’s evidence:  The State may have violated your constitutional rights or otherwise acted illegally in obtaining evidence or your confession.

 

  • Reduction in number of counts:  If you are charged with one count of child molestation and one count of sexual conduct with a minor on the same victim at the same time on the same date(s) of violation, your child molestation count may be a lesser included of the sexual conduct with a minor count and should be dismissed.​

 

  • Prosecutorial misconduct:  There may be prosecutorial misconduct in disclosing the evidence, interviewing the victim and witnesses, or in general throughout your case.

 

  • Police misconduct:  There may have been police misconduct when investigating the charge, obtaining the evidence, interviewing the victim and witnesses, or getting your confession.

 

  • Possible other defenses:  Depending on the unique facts of your case, there may be other possible defenses.  Lisa thinks outside the box when defending your case so she may come up with a novel defense that no other attorney has thought of before.

 

If you or a loved one is facing a charge of sexual conduct with a minor, it’s very important to hire a thorough, intelligent and passionate defense attorney who will fight for you as soon as possible.  Call LisaLaw, LLC or fill out the on-line form for a free case review.

Lisa Witt is a Mesa/Phoenix, Arizona sexual conduct with a minor defense attorney serving clients facing charges in the East Valley, West Valley, Maricopa County, Scottsdale, Tempe, Chandler, Fountain Hills, Apache Junction, Gold Canyon, Queen Creek, Gilbert, Casa Grande, Surprise, Goodyear, Buckeye, Youngtown, Ahwatukee, Avondale, Tolleson.

Phoenix Criminal Defense Lawyer