ARRESTED FOR CHILD MOLESTATION?
Former Police Detective
Twenty Years Defending Sex Crimes
Although there is considerable stigma relating to sex crimes of all kinds, crimes of this type involving children bring extra attention. Accusations of child molestation are often the main focus of headlines and can lead to a bitter courtroom battles that center more on bias, emotion and opinions rather than the facts of a case. While you are legally required to be considered innocent until proven guilty, defendants charged with child molestation are often looked upon with scorn from the outset.
What is Child Molestation?
A person commits sexual conduct with a minor 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.
A person commits molestation of a child by intentionally or knowingly engaging in or causing a person to engage in sexual contact, except sexual contact with the female breast, with a child who is under fifteen years of age.
Penalties for Child Molestation Charges in Arizona:
The State of Arizona characterizes child molestation charges as dangerous crimes against children and punishes individuals harsher than any other state in the country. Adults risk criminal penalties such as life imprisonment without the option for probation should they be convicted of committing sexual assault against or having sexual intercourse with a minor younger than 12-years-old. If life imprisonment is not pursued, the mandatory sentence imposed will range from a minimum of 10 years to a maximum of 24 years. Individuals accused of sexual conduct with a minor will face greater terms of imprisonment which can be anywhere between 13 and 27 years.
Defenses to Sex Crimes in Arizona
Aside from factual issues which may exist in every case such as false claims of abuse, Arizona Revised Statutes § 13-1407 provides a number of affirmative defense which can be asserted to prevent prosecution or to obtain a favorable result. These affirmative defenses include:
- 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.
Arrested for Child Molestation in Arizona?
Speak with Ray Kimble Today: Call (480) 833-8613
If you have been criminally charged with a sex crime committed against a child, you will find that you are facing severe consequences. You should not hesitate to contact Attorney Raymond Kimble. Attorney Raymond Kimble has successfully represented many individuals throughout Arizona over the last twenty years who have been charged with sex offenses against children. Mr. Kimble is experienced, aggressive and not afraid to fight for your rights.