Question: If a person has sexual contact with a minor, who lied about their age, Is there any defence? Unsure of the other parties true age (since they have lied so much). Nothing has been charged thus far, should the 'defendant' seek an attorney now. Is this a case where they could ask for PD? "D" has document mental health issues, I need to advise them on what to do asap. Will be taking "D' to mental health (emergency) clinic in the am.
Answer:
It might be helpful to speak with a criminal defense attorney about the specifics of his or her situation. An attorney will be able to listen to the specific facts and give the person advice on how to proceed. The following is general information about the offense of sexual conduct with a minor.
The Arizona laws pertaining to sexual offenses can be found in Title 13 of the Arizona Revised Statutes (beginning with A.R.S. § 13-1401). The statute describing sexual conduct with a minor is A.R.S. § 13-1405, however, you may want to review the other statutes in this section as you may find them helpful. The statutory defenses to this law can be found in A.R.S. § 13-1407.
Whether a person is eligible for a public defender depends on the specific circumstances, including whether the court determines that the defendant cannot afford an attorney. To speak with a criminal defense attorney, you may want to review the "Where to Find an Attorney for Specific Legal Advice" section of this website.
October 27, 2009
Legal Services Corporation