Introduction
Being charged with a sex crime in Arizona is a serious matter with potentially life-altering consequences. To ensure the best possible outcome in your case, it’s imperative that you speak with an attorney as soon as possible. If you are arrested, remember that you have the right to remain silent and the right to an attorney, and you should exercise those rights immediately.
Sex Crimes in Arizona
There are a number of criminal charges in Arizona that are considered sex crimes and may require registration with the state’s sex offender database. Examples include:
- Unlawful imprisonment
- Kidnapping (with intent to inflict sexual abuse)
- Indecent exposure
- Public sexual indecency
- Sexual abuse
- Sexual conduct with a minor
- Sexual assault
- Child molestation
- Bestiality
- Continuous sexual abuse of a child
- Sexual misconduct by licensed professionals
- Unlawful sexual conduct
- Violent sexual assault
- Voyeurism
- Unlawful disclosure of explicit images
- Taking a child for the purpose of prostitution
- Child sex trafficking
- Commercial sexual exploitation of a minor
- Sexual exploitation of a minor
- Luring a minor for sexual exploitation
Potential sentencing for these crimes varies, ranging from minor misdemeanors to serious felonies. Some cases may require as little as a fine or completion of an educational course, while others can carry lengthy prison sentences. In any case, an experienced criminal attorney can help to negotiate the best possible outcome under the circumstances.
Can You Have a Sex Crime Conviction Set Aside?
Arizona law allows many convicted criminals to have their judgement set aside, provided they fulfill the conditions of their probation or sentence and have been discharged by the court. When an application is granted, the court will set aside the judgement of guilt, dismiss the accusations against you, and release you from all penalties and disabilities resulting from the conviction.
While this doesn’t expunge your criminal record, having the court vacate your conviction may make it easier to get a job and start a new chapter in your life. It also restores civil liberties that were revoked due to your conviction, such as the right to vote or carry a concealed weapon.
Unfortunately, the law includes a caveat for sex offenders. Under ARS 13-907, the following types of crimes are barred from having their conviction set aside:
- Crimes that require registration as a sex offender
- Crimes involving sexual motivation
- Crimes involving a victim under the age of 15
- Crimes involving a dangerous weapon
While Arizona law does not allow sex offenders to have their conviction set aside, the good news is your attorney may be able to work with the judge and prosecutor to lower the penalties for your crime. That may include a plea deal for a lesser charge, or an effective appeal to the judge for a lighter sentence for a first-time offense.
Charged With a Sex Crime in Arizona?
Have you been accused of a sex crime in Phoenix, Tempe, Glendale, Mesa, or another AZ city? The criminal defense lawyers at JacksonWhite can help. While we can’t apply to have your conviction set aside, our sex crime attorneys will work to have your penalties decreased. Call us today at (480) 467-4370 to schedule a FREE and confidential consultation with JacksonWhite criminal attorney, Jeremy Geigle.
Click here to see how we’ve helped others charged with sex crimes in Arizona.
Understanding Your Rights After Sex Offender Registration
It’s not likely that you’ll be able to have your sex offender registration requirement removed in Arizona, but you may be able to have the charges against you dismissed or lowered to a lesser charge if the sexual offense is something less serious, like indecent exposure.
According to Arizona Department of Public Safety, there is no time limit for how long offenders must register, as the state does not comply with the Sex Offender Registration and Notification Act (SORNA).
Sex Offender Registration Laws in Arizona
Notifying the local community of convicted sex offenders is a high priority in Arizona. The state’s Department of Public Safety maintains a public sex offender registration, and there are no limits to how long a convicted sex offender must remain on the state registration.
The state requires local government agencies and law enforcement report a convicted sex offender to the Department of Public Safety within 72 hours of his or her release from custody. The initial report includes the sex offender’s identifying information, release date, and risk assessment. The risk assessment looks at 19 criteria to determine how likely the sex offender is to commit another sex crime, with a minimum score of 1 indicating a low risk and a maximum score of 3 indicating a high risk.
Within 10 days of your release from custody (or the date of sentencing if no jail time is required), the convicted sex offender must complete their registration with the Department of Public Safety. Failure to register with the state within 10 days is a class 4 felony, and will result in a warrant for your arrest.
Sex Offender Notification in Arizona
After you complete your registration with the sex offender registry, the Department of Public Safety will pass your information along to local law enforcement. From there, community notifications may be required depending on your risk assessment.
For sex offenders with a risk level of 2 or 3, the community notification procedures include:
- Disseminating a notification flyer to the surrounding neighborhood, area schools, prospective employers, and appropriate community groups within 45 days
- The notification flyer must include the sex offender’s address, photograph, status, criminal background
- Local electronic and print media will receive a press release and the notification flyer within 45 days, and they are expected to place the information in a local publication
Fortunately for level one sex offenders, there’s no public notification requirement. Your information will still be publicly available on the state sex offender registry, but there won’t be any notification flyers or local publications. Instead, your information will be disseminated to local law enforcement.
What Happens When You Move in Arizona?
As long as you are listed on the state’s sex offender registry, you’re required to update local law enforcement and the state registry when you move. Level 2 and level 3 sex offenders will again require notification flyers and an announcement in local media publications.
As with the initial community notification requirement, level 1 sex offenders don’t automatically trigger community notifications. However, if local law enforcement believes a level one sex offender poses a threat to their community, the law does not prevent them from issuing notification flyers.
When Can Sex Offender Registration and Community Notification be Terminated in Arizona?
Arizona law provides for two types of sex offender registration orders: mandatory and discretionary. Most mandatory orders are permanent, though in rare instances they may be withdrawn. In the case of discretionary registration orders, the judge can actually choose not to impose the registration requirement. If registration is required, the court can later remove the registration requirement upon request.
As for community notifications, you have the right to request a hearing to defer or terminate notification. The same type of hearing may be used to address your sex offender registration and probation.
Are You Facing Charges For a Sex Crime in AZ?
If you’re facing sex crime charges in Phoenix, Mesa, Tempe, Scottsdale, Chandler, or any other AZ city, the criminal attorneys at JacksonWhite can help. Our criminal defense lawyers have the necessary experience to help you have your charges dismissed, or minimized to disorderly conduct. Dial (480) 467-4370 to schedule a free and private consultation with dedicated JacksonWhite criminal defense attorney, Jeremy Geigle.
Check out our results page to see how we’ve helped past clients deal with their sexual offenses in Arizona.
Arizona is Updating Prostitution Laws
If you’re arrested in AZ for soliciting a prostitute, the officer has two options: either to ticket and release you, or take you to jail.
But that may change soon, according to abc15. Arizona is proposing changes to the current system so that anyone who is arrested for soliciting a prostitute will be automatically taken to jail.
Attending “John School”
A “John” is someone who solicits a prostitute. The average fee for John School is about $400, but it can be as expensive as $1,500. It typically consists of just one class, but can be up to ten sessions long.
John School is just like any other diversion program; it’s simply an education program to deter men from buying sex. In 2013, 169 people were charged with solicitation in AZ, and of those offenders, 80 percent chose to attend John School to alleviate their charges.
Evidence shows that no one who attended John School became a repeat offender.
Soliciting a Prostitute in AZ
Under A.R.S. 13-3214, prostitution is illegal in Arizona. Prostitution is defined by A.R.S. 13-3211 as anyone engaging in, agreeing to, or offering sexual services for a fee. Anyone soliciting a prostitute is therefore engaging in prostitution which is a class 1 misdemeanor in AZ.
Usually, a first time offender’s prostitution charge will lead to 15 days of jail time; the 2nd time becomes 30 days. After your first two charges, prostitution becomes a class 5 felony punishable by 180 days in prison and associated fines.
Settling Your Case Out of State
If you are arrested during the Super Bowl for prostitution and you are visiting from out of town, traveling back to Arizona to settle your charges probably isn’t how you want to spend your money. Luckily, the sex crime defense lawyers at JacksonWhite can help alleviate your stress and protect your future, even from across the country.
Our defense team can fax or email you any forms that you may need to sign during the entire legal process, saving you a lot of unnecessary travel fees. We can discuss your matter over the phone, or conduct a consultation via Skype if you feel more comfortable meeting our criminal lawyers face to face.
When your time in court inevitably arrives, our criminal defense lawyers will be able to appear in court on your behalf. Even if you’re from another state, and were arrested during your visit to Arizona, you can settle everything from the comfort of your own home.
Have You Been Arrested for Soliciting a Prostitute While Visiting Arizona?
If you were charged with prostitution in Glendale, Phoenix, Scottsdale, Tempe, or another AZ city, and you live in another state, or even if you don’t, the criminal attorneys at JacksonWhite can help. Dial (480) 467-4370 to schedule a free and private phone or in-person consultation with the dedicated JacksonWhite criminal defense team.
An investigation by the U.S. Department of Education’s Office for Civil Rights (OCR) found Harvard University and Harvard Law School in violation of Title IX of the Education Amendments of 1972 in regards to the school’s response to sexual harassment and sexual assault allegations.
A Resolution Agreement
Catherine E. Lhamon, assistant secretary for civil rights stated, “I am very pleased to bring to close one of our longest-running sexual violence investigations, and I congratulate Harvard Law School for now committing to comply with Title IX and immediately implement steps to provide a safe learning environment for its students.”
The investigation by OCR found that Harvard Law School failed to respond promptly and reasonably to complaints of both sexual assault and harassment. In one specific cited instance, the school allegedly took more than one year to come to a decision regarding a sexual assault complaint which was eventually dismissed.
The university has amended its procedures to comply with Title IX requirements and has committed to “take further specific steps to ensure that it responds to student complaints of sexual harassment and sexual violence promptly and equitably.”
Looking Back
Another term of the agreement will require the school to review all sexual harassment complaints filed during the 2012-13 and 2013-14 school years to scrutinize whether or not the school responded appropriately and in compliance with Title IX.
Sexual Harassment vs. Sexual Assault in Arizona
Sexual harassment is often a term used when describing a situation between two people in a workplace or school environment. The two parties often know each other and interact consistently. In Arizona, there are no criminal charges for sexual harassment specifically, but such behavior might elicit assault or sexual abuse charges.
Sexual assault, on the other hand, refers to forcing another individual to engage in sexual intercourse or sexual contact. This is an extremely serious offense in Arizona and comes with a minimum 5.25 years prison time for a first offense. Sexual assault, also known as rape, can happen between strangers, acquaintances, relatives, or even spouses.
Charged with sexual assault in Arizona?
If you are facing sexual assault charges in Tempe, Phoenix, Tucson, or another AZ city, the criminal defense lawyers at JacksonWhite can help minimize your penalties or fight the accusations against you. Dial (480) 467-4370 today to schedule a free and private consultation with dedicated JacksonWhite sex crimes defense attorney, Jeremy Geigle.
Click here to see how we have helped other clients facing sex crime charges in Arizona.
As travelers from all around the world come to the Phoenix Valley to watch the Super Bowl, it seems something comes with them: an influx in sex trafficking. When the Super Bowl is in town, some sports fans are in search for a good time, which may include drugs and sex. The FBI and local Arizona police departments are preparing for this. They hope to stop the sex trafficking crimes that often accompany the Super Bowl.
Sex Trafficking
According to A.R.S. 13-3214, it is illegal for an individual to knowingly engage in prostitution in the state of Arizona.
According to A.R.S. 13-1308, it is illegal to engage in trafficking or forcing an individual to work or provide services. It is unlawful for an individual to traffic another person for forced labor services or to knowingly benefit from the participation in these activities. In the state of Arizona, sex trafficking is a class 2 felony.
Charged With a Sex Crime in Arizona?
If you have been charged with a sex crime in Arizona, contact JacksonWhite criminal defense attorney, Jeremy Geigle. He has the knowledge and skills to minimize you sentencing. Contact a JacksonWhite sex crime defense lawyer to set up a free consultation to determine the best tactics to fight your charge.
Call the JacksonWhite Criminal Law team at (480) 467-4370 to discuss your case today.
