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  1. #1

    Default Teenager Charged With a Sexual Offense

    My question involves criminal law for the state of: Arizona

    Can a 16 year old be charged with a sexual offense for giving a 12 year old a "finger" job non-consented?

  2. #2
    Join Date
    Apr 2010
    Posts
    238

    Default Re: 16 Charged W/ Sexual Offense

    Yes you can

  3. #3
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: 16 Charged W/ Sexual Offense

    Non-consented or even consented....the 12 year old is not of legal age to consent to ANY sexual contact. Non-consented makes it even worse - 16-year old can face charges of Sexual Assault, including Rape.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
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    98,846

    Default Re: 16 Charged W/ Sexual Offense

    Quote Quoting ARS 13-1401. Definitions
    In this chapter, unless the context otherwise requires:

    1. "Oral sexual contact" means oral contact with the penis, vulva or anus.

    2. "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.

    3. "Sexual intercourse" means 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.

    4. "Spouse" means a person who is legally married and cohabiting.

    5. "Without consent" includes any of the following:

    (a) The victim is coerced by the immediate use or threatened use of force against a person or property.

    (b) The victim is incapable of consent by reason of mental disorder, mental defect, drugs, alcohol, sleep or any other similar impairment of cognition and such condition is known or should have reasonably been known to the defendant. For purposes of this subdivision, "mental defect" means the victim is unable to comprehend the distinctively sexual nature of the conduct or is incapable of understanding or exercising the right to refuse to engage in the conduct with another.

    (c) The victim is intentionally deceived as to the nature of the act.

    (d) The victim is intentionally deceived to erroneously believe that the person is the victim's spouse.
    Quote Quoting A.R.S. 13-1406. Sexual assault; classification; increased punishment
    A. A person commits sexual assault by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent of such person.

    B. Sexual assault is a class 2 felony, and the person convicted shall be sentenced pursuant to this section and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served or commuted. If the victim is under fifteen years of age, sexual assault is punishable pursuant to section 13-705. The presumptive term may be aggravated or mitigated within the range under this section pursuant to section 13-701, subsections C, D and E. If the sexual assault involved the intentional or knowing administration of flunitrazepam, gamma hydroxy butyrate or ketamine hydrochloride without the victim's knowledge, the presumptive, minimum and maximum sentence for the offense shall be increased by three years. The additional sentence imposed pursuant to this subsection is in addition to any enhanced sentence that may be applicable. The term for a first offense is as follows:

    Minimum - 5.25 years
    Presumptive - 7 years
    Maximum - 14 years

    The term for a defendant who has one historical prior felony conviction is as follows:

    Minimum - 7 years
    Presumptive - 10.5 years
    Maximum - 21 years

    The term for a defendant who has two or more historical prior felony convictions is as follows:

    Minimum - 14 years
    Presumptive - 15.75 years
    Maximum - 28 years

    C. The sentence imposed on a person for a sexual assault shall be consecutive to any other sexual assault sentence imposed on the person at any time. D. Notwithstanding section 13-703, section 13-704, section 13-705, section 13-706, subsection A and section 13-708, subsection D, if the sexual assault involved the intentional or knowing infliction of serious physical injury, the person may be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until at least twenty-five years have been served or the sentence is commuted. If the person was at least eighteen years of age and the victim was twelve years of age or younger, the person shall be sentenced pursuant to section 13-705.
    There's potential for a sixteen-year-old facing this charge to be tried and sentenced as an adult.

  5. #5
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: 16 Charged W/ Sexual Offense

    They also got worry about becoming a registered sex offender for the rest of they're life,this is a very serious charge.

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