What is Sexual Misconduct with a Minor in Arizona

The Best Phoenix Sexual Conduct With a Minor Law Team in Arizona

How do you know who has the best Sexual Conduct With a Minor Legal Defense Firm in Arizona?  You begin by looking at the team’s experience.  David Michael Cantor is a former Prosecutor, and a highly experienced Sexual Conduct with a Minor Attorney (ARS 13-1405) who became a member of the Arizona State Bar in 1989.  David then began his Arizona legal practice as an Assistant City Prosecutor for the City of Phoenix.  Considered as one of the Top Sexual Conduct With a Minor Defense Lawyers in Arizona, he then founded his own Criminal Defense firm and Arizona Sexual Conduct With a Minor Defense Team, DM Cantor.

David is a highly-skilled Sexual Conduct with a Minor Defense Lawyer who knows the Sexual Conduct With a Minor laws backward and forward, and he will vigorously fight the Arizona State Attorney General or County Prosecutor on your behalf. Phoenix Sexual Misconduct with a Minor Lawyer, and Criminal Defense Attorney David Cantor, wrote this webpage in order to give you an Arizona Sexual Misconduct with a Minor overview as to how the DM Cantor Phoenix Sexual Misconduct with a Minor Attorney Defense Team can prove your Innocence if you have been Falsely Accused of Sexual Conduct with a Minor. So whether you have a single Sex Conduct with a Minor charge, or multiple charges, contact DM Cantor today!

In addition to Phoenix area experience, you next look to the Sex Conduct with a Minor Defense Lawyer’s Results and Certifications.  In addition to David Cantor being a Board-Certified Criminal Law Specialist, his partner (Christine Whalin) is also both Certified Criminal Law Specialists as well.  No other Arizona Criminal Defense Firm has as many Complete Jury Trial Acquittals as DM Cantor.  Click on the link below to see Questions to Ask when Interviewing a Sexual Conduct with a Minor Attorney to represent you in your Court case.

Beware: Be very cautious of visiting with a Criminal Law Firm who has you meet with a Non-Attorney Salesperson, rather than a Licensed Attorney.  They will then try to sell their “legal services,” even though they are not allowed by the State Bar of Arizona to give legal advice.  DM Cantor always has you meet with one of the Partners and Certified Criminal Law Specialists in our office when consulting us regarding a Sexual Conduct with a Minor charge.

Phoenix Sexual Conduct With a Minor Charges and Their Elements

If you are being accused of Sexual Conduct with a Minor in Phoenix, Arizona, the Attorney you hire must know the Potential Punishments you face in the Arizona State Prison. David Cantor is a well know Phoenix Sexual Misconduct with a Minor Defense Attorney who has handled thousands of Sex Offense Cases ranging from Sex Trafficking, Statutory Rape, Sex Offender Registration Violations, and all other types of Sexual Conduct With a Minor Charges.

The Sexual Misconduct with a Minor Defense Attorneys at DM Cantor know not only all of the criminal elements regarding Sexual Misconduct with a Minor with a Minor but also all of the Potential Punishments that may occur, depending on the Alleged Victim’s age.  The DM Cantor Sexual Misconduct with a Minor Defense Team also knows how Prior Allegations and Prior Convictions (of any type), could potentially affect your Sentencing range. Check below for your Sex Conduct with a Minor Charge, Felony Level, and its Possible Punishment.

Sexual Conduct With A Minor – ARS 13-1405

Definition: In Arizona, per ARS 13-1405 (A), Sexual Conduct with a Minor is defined as intentionally or knowingly engaging in sexual intercourse or sexual contact with any person who is under the age of eighteen (18) years of age.  It is important to note that sexual intercourse includes anything involving “penetration.”  This could be penetration with fingers, another object, a person’s tongue, and obviously, a penis.

Stacking:  Under Arizona law, each individual incident during a single sexual encounter qualifies as its own violation of the statute.  This means that if a person has oral sexual contact, plus digital penetration with their fingers, and then sexual intercourse, they can be charged with 3 counts of Sexual Conduct with a Minor. Each individual count’s Punishment has to be “Stacked,” and run Consecutive with each other count in regard to the Punishment.  That means the amount of Prison time for the three acts will be three times longer than if there were a single sexual act!

Class 2 Punishment: Sexual Conduct with a Minor (DCAC)

Class 2 Felony: Possible Punishment for Sexual Conduct with a Minor where the Alleged Victim is 14 years of age or younger (i.e., a DCAC – Dangerous Crimes Against Children enhancement) per ARS 13-705(E).

• The Mandatory range is 13 years in Prison (minimum) – 20 years Presumptive Prison time – and 27 years Maximum in Prison.  This Prison time is “day for day” and cannot be reduced in any way.
• If the alleged victim is Under 12 years of age, then the Judge can Sentence the Defendant to Life in Prison, which cannot be reduced to Parole until 35 years of the Sentence has been served (day for day).
• Position of Trust per ARS 13-1401(A)(2):  Sexual Conduct with a Minor can also be charged as a Class 2 Felony per ARS 13-1405(B) if the alleged victim is 15, 16 or 17 years of age, and the Defendant is “in a Position of Trust” involving the minor.  This includes a child’s parents, step-parent, foster parent, legal guardian or adoptive parent, teachers, coaches, religious leaders within the church, and things of that nature.
  • The range of Punishment for a Position of Trust conviction per ARS 13-702(D) is a Minimum of three (3) years in Prison, a Presumptive term of five (5) years in Prison, and a Maximum of 12.5 years in Prison.

Class 6 Punishment: Sexual Conduct with a Minor (Non-DCAC)

Class 6 Felony: Possible Punishment for Sexual Conduct With A Minor – where the Alleged Victim is 15, 16 or 17 (i.e., Non-DCAC – Dangerous Crimes Against Children enhancement) per ARS 13-1405(B).

• Per ARS 13-702(D), if the Alleged Victim is 15, 16 or 17 years old, and the Defendant is not in a “Position of Trust,” then this is a Class 6 Felony.  On a First Offense (with no prior felonies), the range could be anywhere from Probation with zero days in Jail, or up to one (1) year in Jail; or Prison with a range of Nine (9) months, to 2.75 years in Prison.

What if the Defendant has Prior Felony Convictions or has Multiple Offenses Committed on Different Dates?

• Per ARS 13-703, 13-704, and 13-705, If there are any Allegeable Prior Convictions, then all Class 6 Felonies will involve Mandatory Prison, with higher ranges than a first offense.  In addition, all Class 2 Felonies will require much higher ranges of Prison – that’s why these types of cases are often referred to “Life-Enders.”  If this is your situation, see a DM Cantor Attorney immediately!

Click here… if you have not been charged with Sexual Conduct With a Minor yet, but the police are in the “pre-charge investigation stage” of your case.

We are an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is a Sexual Conduct With a Minor lawyer in Arizona, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers are listed in the Bar Register of Preeminent Lawyers®. At DM Cantor, the majority of our Attorneys are ex-Prosecutors, and all of our Sexual Conduct With a Minor Lawyers in Arizona know the system well.

The Collateral Consequences Of A Sexual Conduct With a Minor Conviction

The effects of a Sexual Misconduct with a Minor conviction can be devastating.  Even if a person is to receive Probation with no Jail, or a small Jail or Prison sentence, after they are released there will be lifelong effects on the Defendant.  This can involve Lifetime Probation; Sex Offender Terms on Probation; Sex Offense Registration; job restrictions; apartment/dormitory restrictions or prohibitions; Professional Licenses being Revoked; loss or severe restriction of internet privileges; the absolute ban of any visitation to pornography sites, or printed pornographic materials; etc. Check the link below for information regarding what Collateral Consequences you or a loved one might be facing.

The 20 Best Sexual Conduct With A Minor Defenses In Phoenix, Arizona

When interviewing an Arizona Sexual Misconduct with a Minor Defense Lawyer, or Phoenix Sex Conduct Attorney, you should first ascertain if they are a Board-Certified Criminal Law Specialist and a true Arizona Sexual Misconduct with a Minor Attorney.  At DM Cantor, we have had an enormous amount of Sexual Misconduct with a Minor Defense Success receiving Not Guilty verdicts, or outright Dismissals of Phoenix Sexual Conduct with a Minor Charges for our Clients using the following Defenses. DM Cantor consists of skilled Phoenix, Arizona Sexual Misconduct with a Minor Defense Lawyers who can handle any type of Sexual Conduct With a Minor case or Criminal Defense matter.

Top Sexual Misconduct with a Minor Defense Attorney David Cantor successfully used these Defenses against multiple Arizona Police Agencies for over 30 years, and all members of this Firm are extensively trained on these Defenses.

If you are facing Arizona Sexual Conduct With a Minor Charges involving False Accusations of Non-Consensual Sexual Acts, you will want DM Cantor – the Best Phoenix Sexual Conduct With a Minor Lawyers!  Some of these Sexual Conduct with a Minor Defense strategies involve simple investigation techniques, while others involve an extreme understanding of the science and forensics needed regarding Cloning and Analyzing Hard Drives, Forensic Interview Techniques with children, DNA Analysis, Polygraph Administration, and Psycho-Sexual Risk Evaluations.  Please review these Defenses to see if any may apply to your Sexual Misconduct with a Minor Case, or your specific situation.

1-4: False Allegation of Sexual Conduct or Non-Consent

1. False Allegations Made by (or Regarding) Minors in Custody Battles.

Unfortunately, False Sexual Misconduct with a Minor Allegations made during Custody battles are one of the most common tactics used in the Arizona Family Court system.  Read More

2. False Allegations of 13 to 17 Year-Olds.

False Allegations made by teenagers are incredibly common.  In fact, one of the State’s primary Expert Witnesses will testify on the stand that she has encountered a study which shows that as much as 45% of Allegations made by girls 14 to 17 years old against a step-parent or mother’s new boyfriend are, indeed, false. Read More

3. False Allegations of “Me Too” by Minors and/or Adults.

“Me Too” Allegations are becoming quite common in Arizona.  Many times there are situations where a young lady, (usually a college girl), will drink and then have consensual sex. Read More

4. Suggestibility of Children/Improper Interview Techniques.

Studies have shown that the human brain is not fully developed until 26 years of age.  In regard to children, their brains are so underdeveloped that they can be easily manipulated. Read More

5–12: False Allegations of Sexual Misconduct with a Minor Involving Computers

5. Unknowing Downloads/Sharing of Child Pornography 

Many cases of Child Pornography/Sexual Exploitation of a Minor are created through file-sharing websites. Read More

6. Hijacked Wi-Fi by Real Perpetrator

Many times a person’s Wi-Fi can be hijacked by a neighbor in the vicinity of the Defendant’s house, condo or apartment. Read More

7. Other Person in Household Used the Defendant’s Computer

Oftentimes Defenses revolve around those who had access to the original computer (such as roommates and/or visitors), because that person could have been the one who was utilizing the device rather than the Defendant. Read More

8. Tainted Evidence

Many times, evidence of Computer Crimes can become Tainted through Police mishandling.  For example, the Police are required to “Clone” a hard drive once they take it into evidence. Read More

9. Falsified/Planted Evidence

We have seen cases where disgruntled ex-wives, girlfriends or co-workers will falsify or plant evidence.  This is usually due to a Custody Battle, bad break-up, or somebody trying to get their co-worker fired. Read More

10. Undercover Sting Operations On-Line

Detectives will conduct Undercover Sting Operations throughout the year in order to catch people who are trying to “have sexual contact with a minor.” Read More

11. Alleged Victim Lied On-line About Age

It is commonplace in today’s society to meet up with people online.  Many times people will lie about their age, and they’ll also send photos which are either not of them, or that have been heavily “filtered.” Read More

12. Misunderstanding of Text String/Emojis On-line

Many times, Detectives will send emojis when trying to prove a person was attempting to have Sexual Contact with a minor, or they will review text strings and try to interpret the emojis improperly. Read More

13-15: Age-Based Defenses

13. Alleged Victim Lied About Age In-Person

In cases involving actual Sexual Conduct or Sexual Contact with an Alleged Victim who is 15, 16, or 17 years of age, it is a Defense under ARS 13-1407(B) if the Defendant did not know, and could “not have reasonably known,” that the alleged victim was under 18 years of age. Read More

14. Romeo and Juliette Laws/Close-in-Age Defense

Under Arizona’s Romeo and Juliette/Close-in-Age Defense, per ARS 13-1407(E), it is a Defense for the Defendant if he is under 19 years of age (i.e., 18), or is still attending high school (even if 19), plus he is no more than 24 months older than the Alleged Victim, and the Sexual Conduct is Consensual. Read More

15. Marriage Exception

Per ARS 25-102, a person who is 16 or 17 years of age may get married if the person they are marrying is not more than 3 years older than them, and:  (1) one parent or guardian consents, or; (2) the 16 or 17-year-old minor has an “Emancipation Proclamation” from another Court in another state. Read More

16-19: Evidence-Based Defenses

16. Evidence Obtained Through Illegal Search and Seizure

All Search Warrants have to have what is known as a “Search Warrant Affidavit.”  This is where the Officer specifies not only the exact reasons for a Search, but the exact areas and the time of the Search. Read More

17. Miranda Violations and Coerced Statements

In Arizona, the “Voluntariness Standard” is followed regarding the Admissibility of statements by a Defendant.  As part of this requirement, Miranda Rights are normally to be read to a suspect prior to any questioning. Read More

18. Police Bias, Exaggeration and Outright Falsehoods

Many Police Officers wear body cameras that are known as “AXON Video Cameras.”  However, many officers will not “tap” the AXON camera with their hand in order to activate it prior to performing searches or questioning. Read More

19. Coerced Face ID or touch ID to Access Devices

Most smart phone devices (such as the Apple I-phone or I-Pad) have the ability to have “Face ID” or “Touch ID”, in addition to a Password, in order to open up the device. Read More

20: Diminished Capacities And Mental Health Issues

20. Autism and Spectrum-Bases Defenses 

Many people are on the Autism Spectrum and will download Child Pornography without realizing the seriousness of what they are doing. Read More

Mitigation

When it comes to “Mitigation” regarding a charge of Sexual Conduct with a Minor, it is important to start that process right away.  Not only can this help us with potentially convincing a Prosecutor to not file charges in the first place, but it may reduce the level of charges that they ultimately file.  In addition, if there is a conviction later, this can be used to help reduce any type of Sentence if there is a “Range.”  The Mitigating Factors which are considered by both the Prosecutor and the Courts includes Statutory and Non-Statutory elements.

Many items that we routinely include in our Mitigation Packages include Psychosexual Risk Evaluations; Polygraphs; Neuro-Psychological Evaluations; Counseling records; substance abuse Treatment and/or Rehabilitation; and a complete history of a person’s background.  This can include Individualized Education Plans (IEPs), medical records, Counseling records, etc.  Lastly. we often include what’s known as a “Proportionality Review/Sentencing Disparity” analysis in which we can show the Prosecutor and Court that similarly-situated Defendants received low Sentences.  Click the link below to see a more detailed list of both Statutory and Non-Statutory Mitigating Factors.

What We Do When Our Phoenix Sex Conduct Attorney Team Represents You

When you hire DM Cantor to represent you to defend allegations of Sexual Conduct with a Minor, or actual charges for that crime, we always keep our “purpose in mind” when we represent you: “We are here to help people navigate through the toughest times of their lives.”  When we perform our duties as a Sexual Conduct with a Minor defense law firm, we always keep these three principles in mind: (1) do Hard Work, (2) have excellent Trial Skills, and (3) – perhaps the most important of the three – High Touch Client Service.

If you are in the Pre-Indictment/Investigation Stage of your case and have not been charged, then you will not need to appear in Courts.  Any meetings you have with your Phoenix Sexual Conduct With a Minor Attorney will occur in the privacy of our offices.  Our external investigation will be handled by both Lawyers who make up the pre-charge team, and potentially, Private Investigators who assist us.

If you have been charged for Sexual Conduct with a Minor, then you normally must appear in the Maricopa County Superior Court with your Sexual Conduct With a Minor Lawyer by your side.  However, we can file specific motions, requesting that the Judge allow you to have us appear on your behalf.  This usually occurs if you are out-of-state, and you must sign a document/Affidavit affirming that you are aware of the next court date.  You also must maintain contact with us.

Beware:  Always seek out a different Law Firm if the one you have chosen assigns serious Felony Sexual Misconduct with a Minor cases to a single Law Associate who may have never done a Jury Trial regarding the charge they are defending.  If you truly want to win your case, then it is absolutely necessary to have at least one Certified Criminal Law Specialist amongst a team of Sexual Misconduct with a Minor Attorneys who are assigned to specifically handle your Felony Charges. 

DM Cantor always assigns all three partners and Certified Criminal Law Specialists to each and every Pre-Indictment Sex Crime case that we handle.  In addition, DM Cantor always has a minimum of one partner and Certified Criminal Law Specialist co-assigned on every, single Charged Sexual Misconduct with a Minor Case.