What Is Arizona’s Age of Consent?
In Arizona, the age of consent is defined as 18 years old. This means that individuals below the age of 18 cannot give consent to sexual activities. However, there are important exceptions to this rule that are crucial to understand.
Arizona is a "Romeo and Juliet" state which allows certain exceptions to the age of consent rule for those within four years of each other. For example, if a 16-year-old and a 19-year-old engage in a sexual relationship, it is not considered illegal as long as both participants are 16 years of age or older. In addition, this exception may also apply in cases where one party is under the age of 18 but over the age of 15.
The law was recently amended in 2021 to include notable exceptions for sexual offenses with minors . Those convicted of having sexual intercourse with minors aged 15 and under can face charges of a class six felony, with the possibility of imprisonment without parole if there are aggravating factors involved.
Violations of these statutes can lead to serious criminal charges and significant legal consequences. Legal consequences differ greatly depending on the conviction – from fines and probation to lengthy prison sentences.
In addition to criminal charges, it is possible for the parent of the victim to file civil charges. This can be very expensive for the perpetrator (even if they win) if the plaintiff gets a jury award.
Rather than risk having sex with a person below the age of consent, it is best to make sure that both parties are sexually mature for the relationship.
Exceptions and Close-in-Age Exemptions
In Arizona, young couples often find themselves breaking the law that they simply do not know exists. There is an exception to the age of consent statute for close-in-age individuals who believe themselves to be in a consensual relationship with a partner. Basically, if a person is under 18 and their partner does not appear to be older than 19, there is a close-in-age exception. The close-in-age exemption also known as the ‘Romeo and Juliet’ law, protects those who are between the ages of 15 and 19. The key here is mutual belief, meaning that both parties must agree that there was no coercion, or confusion on their parts.
This is how the law works: if a person is 19, having consensual sexual relations with a party that is 15, then they would be considered within the law. However, if a third party believes there to be something wrong, well, comments will come forth. Especially from family members, who may very well be right! Where the law is concerned, though, there are specific guidelines as noted above. If either party is over 19 or under the age of 15, the law won’t likely see it as close enough to be within the parameters for a close-in-age exemption.
How can this affect me after charges have been filed? If both parties are charged, the defendant is the one who will suffer the consequences. There is a possibility for an affirmative defense; legal grounds to prove the defendant is not guilty. How an affirmative defense works is that both parties will testify, and if the defendant is found to be truthful, it is a defense. Close-in-age exemptions are the law for those who were charged, but they are meant to make sure that any chance of serious sex offenders does not blatantly take advantage of the law.
It is important to note that even if charges were filed without evidence of the close-in-age exemption, it does not mean that you will suffer the negative consequences. Make sure that you have retained a good attorney, who will help you defend your case and possibly even win it for you.
Legal Rule Violations and Penalties
In Arizona, the minimum age of consent is 18. Nonetheless, different circumstances impact whether or not a particular sexual encounter is viewed as an offense against the law. For instance, if one of the individuals involved is a covered employee, such as a teacher, a school administrator, a day care employee or a member of a clergy, there are numerous laws that may apply to the situation at hand. In fact, if a high school student has sexual relations with a teacher, it is considered an offense against the law regardless of how old the student is. Penalties for such offenses may be severe and can cause long-term damage to a person’s credibility.
Whether the relationship is classified as an offense against the law varies greatly depending on the age of the student involved. Even if the student is over 18, the law may still apply because of the degree of authority the employee has. Other circumstances may also significantly impact the outcome of an otherwise consensual sexual relationship. In some instances, one of the individuals involved may be married. In addition, the application of these charges may affect those who are mentally impaired or impaired through drugs or alcohol, who are unable to provide legal consent.
When the law applies, there are serious repercussions. For teenage individuals, The minimum age for one of two charges to apply is typically 15 years old. If one of the individuals involved is at least 15 years old and less than 18 years old, the possible charges include felony sexual conduct with a minor in the second degree, which is classified as a class 3 felony; sexual conduct with a minor in the fourth degree, which is classified as a class 5 felony; and sexual conduct with a minor in the fourth degree committed by persons at least 19 years of age, which is classified as a class 2 felony. The minimum age for the first degree charge, which is classified as a class 1 felony, is 18 years of age. However, the maximum fine and imprisonment vary based on when the offense occurred.
In addition to criminal penalties, there is also a risk of civil charges. Again, this applies if either individual involved in the sexual relationship is under 18 years old. The case may be brought by an individual or by a school district. School districts have been known to file charges against teachers who are accused of engaging in sexual activity with students, regardless of whether or not the students are older than 18 years. In these cases, the school district may seek damages against the teacher as well as injunctive relief to prevent him or her from teaching in the future.
If you have been accused of a sexual offense, you may face severe civil and criminal penalties. Speak to an experienced criminal defense attorney about your case.
Reporting and Protections Provided to Minors
Those who suspect they are witnessing a violation of the legal age of consent statute must contact the police and report their suspicions. Those who suspect sexual abuse of a minor should contact the local, state or tribal law enforcement agency. Reporting requirements may vary depending on the age of the child, the type of abuse, and the location. Some states require people working in positions related to children, such as teachers or healthcare providers, to report suspicions. Physicians, nurses and other healthcare workers who are required to report suspected abuse of a child may do so by contacting the local police department, the Child Protective Services or Social Services, or the local district attorney’s office. In Arizona , the law requires that mandated child-abuse reporters submit their suspicions by fax or mail to the local Child Protective Services office within 72 hours, according to Arizona Revised Statutes (ARS) Section 13-3620. Minors and defendants accused of violating Arizona’s age of consent statutes also have rights under a variety of laws. For example, ARS Section 13-1417 provides immunity from liability for those who bring suspected violations to the attention of law enforcement agencies. In addition, state and local domestic violence shelters provide help to victims of sexual abuse, allowing them to pursue legal recourse without financial burden. Love Is Respect is a nationally run non-profit that helps youth ages 13 to 24 navigate dating violence and find legal resources.
How Arizona’s Age of Consent Compares With Other States
Privacy issues aside, we don’t live in a world of black and white rules. While it’s important to understand the age of consent in Arizona, it’s also prudent to know how it compares in other states and jurisdictions, especially if you (or someone your close to) travels and then circumstantially gets accused of an illegal advance. So how does Arizona’s statutory age of consent compare to other jurisdictions, do you ask?
States may vary when it comes to reported ages of consent. A couple of states don’t even have a published age of consent. Instead, they leave it for their courts to define. We’ll tell you which ones below:
• Alaska: The minimum age of consent in Alaska is 16.
• Arkansas: In Arkansas, there is no published age of consent for sexual activity. It is left to their court interpretation.
• California: The California age of consent is 18.
• Colorado: In Colorado, the minimum age of consent is 17.
• Delaware: Delaware’s minimum age of consent is 16.
• District of Columbia: Sex is prohibited between two people in the District of Columbia if one is under 16 years old.
• Florida: Florida’s minimum age of consent is 18.
• Oklahoma: In Oklahoma, the minimum age of consent is generally 16.
• Oklahoma: In Oklahoma, the minimum age of consent is generally 16. However, in some contexts, the age of consent is increased to 18 if the two people involved are related by blood or if the two people involved are teachers and students at a particular school.
• Texas: There is no published minimum age of consent for sexual activity in Texas. It’s left for interpretation in court, too.
• Washington State: In Washington State, the minimum age of consent is 16. Offenders may be prosecuted if they are a person of authority and one person is 16 and the other is 18.
In addition to defining the legal age of consent, Arizona law also dictates what happens if police apprehend someone who has had sexual contact with someone not legally able to consent. Showing evidence that the minor was not able to give consent (for example the minor is intoxicated) is grounds for an elevated charge (a class 3 felony) if the suspect was a person of authority (as defined by ARS 13-1405). If the minor was not able to give consent but the accused was not a person of authority, the charge will be lowered to a class 6 felony or a misdemeanor if it was attempted sexual conduct/contact.
Implications of Arizona’s Age of Consent
The implications of the age of consent in Arizona extend beyond a simple legal permission slip; they also touch on the evolution of social norms and the autonomy and maturity levels ascribed to teenage citizens within the state. As mentioned, while 18 is the age of consent at which a person is legal able to consent to sex with another individual, the laws of Arizona include the stipulation that a person 18 years of age may not legally consent to sexual contact or conduct with a person under 15 years of age. This exception is outlined in Arizona Revised Statute (A.R.S.) 13-1405.
Criminalized for minors but permissible for 18 years of age and older, this paradigm begs the question of when exactly a person is an adult, as well as the larger issue of what qualifies someone as mature enough and responsible enough to consent to sexual activity with someone significantly older.
For the average age-consenting adult, these are largely non-issues. However, those who find themselves outside the age limit established by law face dire consequences for partaking in a sexual relationship that is , for all intents and purposes, one in which both parties are engaging willingly. Legal bars have been instituted in the name of protecting minors from the perceived damaging effects of illicit sexual behavior or predatory individuals — these laws, as well as stiffer penalties for illegal sexual conduct, are largely predicated upon the assumption that those who exist outside of the age of consent do not truly have agency or autonomy, and that such activity cannot be undertaken willingly.
Gained through experience and collaboration with individuals across myriad walks of life, basic autonomy, social rights and equality for all citizens are core tenants of a democratic society. As required of all citizens, the legal system is expected to treat conduct equally for those who willfully engage in consensual interactions. Private — and, sometimes, public — repercussions for individuals found guilty of activities considered criminal under the context of age of consent laws bleed into larger social perceptions of morality, maturity and of the dignity of persons.