Arizona Laws 13-1409. Unlawful sexual conduct; adult probation department employees; juvenile court employees; classification; definitions
A. An adult probation department employee or juvenile court employee commits unlawful sexual conduct if the employee knowingly coerces the victim to engage in sexual contact, oral sexual contact or sexual intercourse by either:
Attorney's Note
Under the Arizona Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 5 felony | up to 2 years | up to $150,000 |
Terms Used In Arizona Laws 13-1409
- Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
- Conduct: means an act or omission and its accompanying culpable mental state. See Arizona Laws 13-105
- Felony: means an offense for which a sentence to a term of imprisonment in the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
- Knowingly: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 13-105
- Minor: means a person under eighteen years of age. See Arizona Laws 1-215
- Oral sexual contact: means oral contact with the penis, vulva or anus. See Arizona Laws 13-1401
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- 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. See Arizona Laws 13-1401
- Unlawful: means contrary to law or, where the context so requires, not allowed by law. See Arizona Laws 13-105
1. Threatening to negatively influence the victim’s supervision or release status.
2. Offering to positively influence the victim’s supervision or release status.
B. Unlawful sexual conduct with a victim who is under fifteen years of age is a class 2 felony. Unlawful sexual conduct with a victim who is at least fifteen years of age and under eighteen years of age is a class 3 felony. All other unlawful sexual conduct is a class 5 felony.
C. For the purposes of this section:
1. "Adult probation department employee or juvenile court employee" means an employee of an adult probation department or the juvenile court who either:
(a) Through the course of employment, directly provides treatment, care, control or supervision to a victim.
(b) Provides presentence or predisposition reports directly to a court regarding the victim.
2. "Victim" means a person who is either of the following:
(a) Subject to conditions of release or supervision by a court.
(b) A minor who has been referred to the juvenile court.