Can I date a minor in Arizona?
What are the laws regarding dating a minor in Arizona?
What is sexual conduct with a minor?In Arizona 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. (ARS * 13-1405 (A)).
What is sexual contact with a minor?"Sexual contact" means any direct or indirect touching, fondling or manipulating of any part of the genitals, anus or female breast by any part of the body or by any object or causing a person to engage in such contact. (ARS * 13-1401 (2)).
What is oral sexual conduct with a minor?"Oral sexual contact" means oral contact with the penis, vulva or anus. (ARS * 13-1401 (1)).
What is the punishment in Arizona for sexual conduct with a minor who is under the age of 15?Sexual conduct with a minor who is under fifteen years of age is a class 2 felony and has the following range of punishments:
VICTIM UNDER 12:
If the victim is under 12: life in prison without probation until 35 years served;
VICTIM IS 12, 13, OR 14 YEARS OLD:
If the offender is at least 18 or tried as an adult and the victim is age 12, 13, or 14, the
presumptive prison sentence is 20 years (RANGE 13-20-27); (B)). In addition, if
convicted he/she may have to register as a sex offender.
What is the punishment for sexual conduct with a minor who is at least 15 years old?VICTIM 15, 16, 17 YEARS OLD:
Sexual conduct with a minor who is at least fifteen years of age (15, 16, or 17) is a class 6 felony and can be punished with probation, probation with jail time, or even up to two years in prison. (ARS * 13-1405).
The offender can receive up to lifetime probation and may be required to register as a sex offender.
What is the Romeo and Juliet defense to Sexual Conduct with a Minor?The recently enacted "Romeo & Juliet" defense for Sexual Conduct of a Minor can be applicable if the victim is fifteen, sixteen, or seventeen years of age; the defendant is under nineteen years of age; or if the defendant is attending high school and is no more than twenty-four months older than the victim, and the conduct is consensual. (ARS * 13-1407).
Can you explain the Romeo and Juliet defense with some examples?Conclusively, if the boyfriend is 18 (born on September 1) and the girlfriend is 16 (born on or after September 2), then the "Romeo and Juliet" Defense applies.
If the girlfriend is 19 (born on December 1) and is still attending high school and her boyfriend is 17 (born on or after December 2), the defense applies.
If the girlfriend is under 15, the defense does not apply no matter how old the boyfriend.
If the boyfriend is 18 and the girlfriend is 15, the defense does not apply.
If the Romeo and Juliet defense applies, will the older participant be arrested?Yes. Remember, this is an affirmative "defense" to the crime of Sexual Conduct with a Minor. Just because the defense applies, that won't necessarily stop the police from arresting the older participant.
The defendant would be charged and would have to prove this defense at trial to be found Not Guilty.