Juveniles

questions & answers

Question: Is there a law that says that it is illegal to consent to sex if the person who is consenting is a minor? (Meaning, they are not old enough to make that decision)

Answer:

The laws about sexual conduct with minors can be found in the Criminal Code. A.R.S. § 13-1405 is the statute that discusses the classification and definition of sexual conduct with a minor. That statute states:

A. A person commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person who is under eighteen years of age.

B. Sexual conduct with a minor who is under fifteen years of age is a class 2 felony and is punishable pursuant to section 13-705. Sexual conduct with a minor who is at least fifteen years of age is a class 6 felony. Sexual conduct with a minor who is at least fifteen years of age is a class 2 felony if the person is the minor's parent, stepparent, adoptive parent, legal guardian, foster parent or the minor's teacher or clergyman or priest and the convicted person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed has been served or commuted.

C. For the purposes of this section, "teacher" means a certificated teacher as defined in section 15-501 or any other person who directly provides academic instruction to pupils in any school district, charter school, accommodation school, the Arizona state schools for the deaf and the blind or a private school in this state.

A.R.S. § 13-1407 lists the defenses available to a prosecution of A.R.S. § 13-1405