The Ultimate Phoenix Sex Conduct Attorney & Sexual Conduct With a Minor Lawyer (2025) ARS 13-1405
By DM Cantor, a Top-Ranking Criminal Defense firm in Arizona for the last 5 years in a row by Ranking Arizona Magazine! (2020, 2021, 2022, 2023, 2024)
161 Complete Criminal Jury Trial Acquittals (i.e., Not Guilty on All Charges). The most in Arizona history by a single law firm!
Plus an additional 500 Sex Crimes Pre-Indictment “Turn-Downs,” Dismissals, and Charge Reduction Sex Crime Victories!
Beware of Sexual Conduct with a Minor (ARS 13-1405) Defense “Pretenders”: Any law firm or Attorney can have DM Cantor’s Phoenix Sex Conduct Attorney and Sexual Conduct With a Minor Lawyer website information re-written by artificial intelligence (AI), and then they can post it online as their own “knowledge base.” But they cannot falsely list our Jury Trial Complete Acquittals, or Board Certifications as their own. Also, many Attorneys claim that they “Specialize” in defending Sex Conduct with Minor charges or Criminal Defense, but only a “Board-Certified Criminal Law Specialist” is allowed by the State Bar of Arizona to use this title as their own, per the Arizona Board of Legal Specialization.
What is Sexual Misconduct with a Minor in Arizona
Board Certified Criminal Law Specialization
As of the start of 2024, the State Bar of Arizona Board of Legal Specialization listed only 54 Criminal Law Specialists in the entire State. Of these 62, only 41 are located in Maricopa County and are allowed to handle private cases. DM Cantor has 3 Board-Certified Criminal Law Specialists, the Most of any firm in Arizona. When defending Sex Crime Allegations, it is critical to have as many Board-Certified Criminal Law Specialists on your Legal Team as is possible.
The Specialization process is so rigorous that only 31 current Criminal Law Specialists were Certified since the turn of the Century! In addition, all Specialists must be approved for Re-Certification every 5 years. At DM Cantor, our 3 Board Certified Criminal Law Specialists have conducted Jury Trials on countless Sex Crime cases.
Every Major Felony Sex Crime case defended by DM Cantor includes at least 1 Board Certified Criminal Law Specialist on the legal team who is directly handling or supervising the Defense.
We wouldn’t have it any other way.
Quick Links
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 Sex Crime Defense Lawyers in Arizona, he then founded his own Criminal Defense firm and Arizona Sex Crime Defense Team, DM Cantor.
David is a highly-skilled Sexual Conduct with a Minor Defense Lawyer who knows the Sex Crime laws backward and forward, and he will vigorously fight the Arizona State Attorney General or County Prosecutor on your behalf. Phoenix Sex Crimes Lawyer, and Criminal Defense Attorney David Cantor, wrote this webpage in order to give you an Arizona Sex Crimes overview as to how the DM Cantor Phoenix Sex Crimes 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 two partners (Christine Whalin and Joey Hamby) are 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 Sex Crimes 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 Sex Crime Charges.
The Sex Crimes Defense Attorneys at DM Cantor know not only all of the criminal elements regarding Sex Crimes with a Minor but also all of the Potential Punishments that may occur, depending on the Alleged Victim’s age. The DM Cantor Sex Crimes 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!
The Collateral Consequences Of A Sex Crime Conviction
The effects of a sex crimes 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 Sex Crimes Defense Lawyer, or Phoenix Sex Conduct Attorney, you should first ascertain if they are a Board-Certified Criminal Law Specialist and a true Arizona Sex Crimes Attorney. At DM Cantor, we have had an enormous amount of Sex Crimes 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 Sex Crimes Defense Lawyers who can handle any type of Sex Crime case or Criminal Defense matter.
Top Sex Crimes 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 Sex Crime Charges involving False Accusations of Non-Consensual Sexual Acts, you will want DM Cantor – the Best Phoenix Sex Crime 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 Sex Crimes 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 Sex Crimes 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 Sex Crimes 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 Sex Crime 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 Sex Crime 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 Sex Crimes 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 Sex Crimes 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 Sex Crimes Case.
What Our Clients Say
Undercover Sting Operations
Periodically throughout the year in Maricopa County, the various Police Agencies work together in order to do online “Undercover Sting Operations.” This normally entails a Sex Crimes Detective going onto an online meeting site that is for people “18 years of Age and older.” They will usually post a picture of another Detective who is in their early to mid-20’s, who is trying to dress as if they were younger. Ultimately, they wait for adult men to reach out in order to make contact regarding a possible sexual encounter.
The Detectives will then drop subtle hints of being underage (i.e., 14 to 17 years old) while they are negotiating a meeting place and talking about sex acts. These hints will include things such as “I live with my parents,” “I take the bus to school,” “I can’t buy cigarettes.” These are supposed to be “hints” to the individual that “the girl on the internet” is under 18 years of age.
When they ultimately negotiate a meeting place, they will also tell the individual to bring condoms and cigarettes. Once the person arrives at the location the Police will swoop in and arrest them. The Detectives will then interrogate the individual, hoping to get them to make an admission that they “knew” the “girl” was underage. In most cases we have found that the individuals feel that the “girl on the other end of the computer” was being cute and “role-playing” because their photo did not look at all as if they were under 18 years of age.
We have found that Juries are not particularly happy with the Police for going onto adult websites and “trapping” adult men into showing up at a location.
In fact, when we have received Not Guilty Verdicts, many jurors think that the real test of determining how old someone is begins when you actually meet them in-person and begin talking to them. In this case, they would have clearly met somebody in their mid 20’s, and it would become apparent that they were speaking with an adult. If this is your situation, you need a Phoenix Sex Crime Lawyer and Board-Certified Criminal Law Specialist to represent you. Contact DM Cantor and our 3 Board-Certified Criminal Law Specialists today!
Beware: Avoid a Criminal Defense Firm that does not have a single Board Certified Specialist on their staff. Also watch out if they have an “Of Counsel” (i.e., a lawyer who has their own Law Firm, but contracts themselves out to other Firms for work), and then that Law Firm then places the “Of-Counsel Attorney” on their staff for the mere purpose of using that Attorney’s name and Specialization only to attract potential clients.
Phoenix Sexual Conduct with a Minor Attorney & Phoenix Sex Conduct Attorney FAQs
What if I live in another state and I am being accused or charged in Arizona?
If you are not yet charged and are only being accused in Maricopa County, Arizona, we can handle aspects of your Precharge defense via telephone, Zoom and email. We will conduct our investigation through our Lawyers (and potentially our Private Investigator) all without the need for you to be physically present. If we have to, we can arrange for polygraph tests out-of-state.
If you are charged in Maricopa County, then you will have to return to at least the first few court dates, and your DM Cantor Sex Crime Attorney will be standing by your side. After that, we can petition the Court to allow you remain out-of-state, and we can appear on your behalf for most of the Court dates during the pre-trial phase.
If I am charged, do I have to wear an Ankle Monitor?
Under the Arizona statute, if you are charged with Sexual Conduct with a Minor, you will be required to wear an Ankle Monitor. However, in the lower level charges which are non-DCAC (Dangerous Crimes Against Children), it is possible to have the Courts lift that requirement.
If I am charged, can I be around my Kids or Grandkids who are under 18?
The standard conditions of release for somebody charged with a Sexual Conduct With a Minor, normally forbids them from being around anyone who is under the age of 18. However, we have been very successful getting this Modified if people have children living in their household, or if they wish to visit their grandkids. Each case is unique, and your odds improve if you use a Board-Certified Criminal Law Specialist to argue a Motion to Modify Conditions of Release on your behalf.
If I get charged and you get the Charge Dismissed, can I Seal the Arrest/Court Record?
In Arizona, there is no such thing as an “Expungement.” However, in certain types of cases you can have the “Judgment of Guilt Set Aside.” Also, in some types of cases it is possible to “Seal the Record,” which can remove certain charges from being seen in background checks. Unfortunately, with Sex Crimes of this nature, this is forbidden by statute. However, if the charge is Reduced to a “Lesser Offense,” depending on which type, it might be possible to get the Judgment of Guilt Set Aside and/or the Case Sealed.
Does any other Law Firm in Arizona have more Board-Certified Criminal Law Specialists, or Complete Acquittals at Jury Trial wins, than DM Cantor?
DM Cantor is the only law firm in all of Arizona that has 3 Board-Certified Criminal Law Specialists. We also have the Most “Complete Jury Trial Acquittals, and the Most Dismissal/Reductions for Sex Crimes in the State of Arizona. If you read our “Victories” section on our website, you will see we list all of these sex crimes wins.
What to Do if Accused of Sexual Conduct With A Minor in Phoenix
If you are accused of Sexual Conduct with a Minor in Phoenix, Arizona, then you need to take certain precautions immediately. Do not speak with the Accuser or their supporters/relatives once you’ve learned about accusations. Also, do not talk to your spouse, friends, etc. about the actual facts until you have sat down and had a meeting with us – your Lawyers.
Next, beware of what is called a “Confrontation Call.” This is where the Alleged Victim confronts the accused, and this is normally set up through the Police and the entire conversation is audio recorded. At this point, the Accuser will try and get you to make some type of admissions, apologies, etc. so this can be used against you. Many people end up just apologizing for somebody’s “hurt feelings,” even though anything that may have occurred was fully consensual.
Once you are accused, put your social media setting onto “Private.” Also, do not post anything new from that point forward. If you already happen to be a “follower/friend” of your Accuser, copy all of their social media and continue to monitor to see what additional posts they may make. Then place your computers, laptops, tablets and cell phones in a secure place, if there has been any communication between you and your Accuser in the past.
Lastly, call DM Cantor immediately! We will not talk about specific facts over the phone line, but we will get some general information and get you in to meet with us in-person as soon as possible. Our meeting will be in the privacy of our office, and you will meet with a minimum of one Partner/Board-Certified Criminal Law Specialist during your Free Consultation.
Work with a DM Cantor Phoenix Sexual Conduct with a Minor Defense Lawyer Today For a Free Consultation
For a free consultation and free case evaluation with one of our Phoenix Sexual Conduct With a Minor Lawyers and Criminal Defense Lawyers, call our 24 hour Phoenix Sexual Conduct With a Minor Lawyers Hotline at 602-307-0808 , or click here for a free consultation on any criminal cases. Our aggressive Sex Conduct Lawyers always offer free consultations for an initial visit with our Phoenix Sexual Conduct With a Minor Defense Attorneys. We are often considered to be the “best Sex Conduct Defense Lawyer”.