Few laws are as strict as Arizona child sexual abuse laws. Not only do they have serious consequences for those convicted, but they are also intricate and can be difficult to understand. It’s possible that you are unaware that some of these laws exist. If you’re facing charges or need legal guidance, speaking with a skilled Scottsdale child abuse lawyer can be an important first step.

While abuse may seem like a straightforward concept, it is not always easy to define in real-world cases. Extenuating circumstances sometimes make it difficult to discern between a case of abuse or a simple misunderstanding. Below are some of the classifications and laws that help define what child sexual abuse is.

What crimes against children crimes exist in Arizona?

There are many forms of child sex crimes. Simply, child sex crimes encompass sexual touching of a child, showing a child an adult private part with a sexual motivation, or possessing child pornography. Some examples include: 

• Sexual Assault: Knowingly engaging in sexual intercourse with a minor is illegal.
• Incest: This is sexual conduct between close blood relatives, such as brothers and sisters, parents and children, etc.
• Molestation: These sexual acts are physical touching of the genitalia between an adult and a minor.
• Sexual Conduct With a Minor: No one is permitted to engage in any form of sexual relations with a minor.  Sexual Conduct is specifically masturbation or penetration by person onto a minor.  A minor under 15 cannot consent.
• Child Sexual Abuse:  Touching a female minor’s breast for sexual arousal.
• Allowing Child Sexual Abuse: It is illegal for an adult to be aware of sexual abuse and not attempt to stop the child sexual misconduct.  Arizona law is clear that an adult cannot allow someone else to sexually abuse a child, even if you took no part in it.
• Child Sex Trafficking: Individuals may force minors to engage in prostitution or benefit from minors who participate in prostitution.
• Sexual Exploitation of a Minor: This involves photographing, videoing, sharing, or receiving digital or hardcopy materials that portray children involved in sexual acts.

Sexual Exploitation of a Minor

You do not have to be in physical contact with a child to be charged with child sexual exploitation crimes. Sexual exploitation of a minor is one example of a crime where the defendant can never physically engage with a child but still be found guilty.

Exploitation includes photographing, duplicating, sharing, videoing, or receiving any material that portrays children engaged in sexual conduct. This can sometimes be referred to as child pornography. Consequences for sexual exploitation can be just as serious as those for personal sexual conduct with an minor. Penalties can increase in severity depending on the number of images a person is found with. The presumptive sentence for possession of ONE photo or video depicting a minor involved in sex acts (child pornography), or displaying genitalia is 17 years in prison in Arizona.

What Is Sex Trafficking?

Sex trafficking involving children is an operation in which children are being prostituted for sexual conduct. Sex Trafficking is the common charge for undercover sting operations when a person agrees to meet a minor for sex acts in exchange for money, stuffed animals, or a fast-food meal.

A person can be charged with child sex trafficking if they

• Force a minor to engage in prostitution.
• Allow a minor to engage in prostitution.
• Receive any form of compensation for allowing a minor in their custody to engage in prostitution.
• Transport or finance the transportation of minors with the intent to have them engage in prostitution.
• Recruit or entice minors with the intent to force or coerce them into engaging in prostitution.

Dangerous Crimes Against Children

One enhancement of child sexual abuse crimes falls under the dangerous crimes against children statute. These crimes are categorized by their severe or aggravating factors. This statute exists to impose harsher penalties on those convicted for more serious crimes. Such penalties include longer jail sentences, mandatory consecutive sentencing of charges, and not being eligible for parole.

What Is Consent?

When a minor is between the ages of 15 and 17, the presence of consent in sexual conduct with an adult can change the consequences of a charge.

Consent is considered to not be present in a case if the minor is:

1. Coerced by the use of threats against them, their family and loved ones, or their property.
2. Not capable of giving consent because of a mental condition.
3. Unable to give consent because they are under the influence of alcohol or drugs.
4. Deceived in relation to the act they are committing.

FAQs About Child Sexual Abuse Laws in Phoenix,AZ

What Should I Do When a Child Reports Sexual Abuse?

In Arizona, it is illegal to be aware of child sexual abuse and fail to report it. If you are made aware of such abuse or exploitation, you can call the Arizona Child Abuse Hotline. It can sometimes be difficult to determine if a situation qualifies as abuse. If you think circumstances may be abusive, it is important to report it.

What Happens When Child Sexual Abuse Is Reported?

When child sex abuse is reported, the Department of Child Safety will investigate the claim. Agents may interview those living in the child’s home to gather information about the child’s safety. They may also speak with other pertinent individuals in the child’s life, such as teachers, friends, and doctors. Once all the information is reviewed, appropriate action will be taken, such as removing the child from the home, making the offender leave the home, implementing a parenting plan, or taking the responsible individual into custody.

Does Sex Offender Registration Ever Go Away?

Sex offender registration in Arizona is typically a lifelong reality. However, certain exceptions can be made. An individual must meet specific criteria to petition to remove their registration, including:

• There was no more than one victim.
• The defendant was not imprisoned.
• They were not convicted of more than one offense.
• The victim was at least 15 years old.

Child Sex Abuse Lawyers in Phoenix

If you or a loved one has been charged with sex crimes against children, the consequences can significantly impact your life. It is important to understand the possible implications and take the necessary steps to build a proper defense.

Cases involving child sex crimes are time-sensitive and require immediate attention. Because of the many negative notions surrounding child sexual abuse charges, it is important to your reputation to get them dropped or reduced as soon as possible.The team at Hallam Law Group can work hard to do just that. Contact us today to learn more about how we can represent your interests.