Sex offenses are very serious crimes to be accused of with penalties in Arizona that are quite serious when an individual is convicted of such a crime. Not only are the penalties harsh, but the factors that are involved are quite devastating. The attorneys at Myles A. Schneider & Associates, LTD take the charges against you seriously and work hard by your side to achieve the best possible outcome for you. If you’ve been accused of criminal sexual conduct in Phoenix, Mesa, Glendale, Scottsdale or the surrounding area it is important to give Myles A. Schneider & Associates a call before talking to the police.
Types Of Criminal Sexual Conduct
There are different types of sex crimes with each having its own set of penalties. Penalties are also determined based upon whether or not there were any aggravating factors present, such as a weapon being used in the commission of the crime and the age of the victim. The following are the most common criminal sexual conduct cases:
- Sexual abuse – Sexual abuse is any act involving unwelcome sexual contact with a person’s genital area. Sexual abuse does not involve unwelcome sexual penetration.
- Sexual assault – This sex offense involves threatening another in order for them to give into sexual interests.
- Molestation – Molestation is the act of sexual abusing a child under the age of fifteen.
- Sexual abuse of a child – Differing from molestation, sexual abuse of a child is the act of a parent, guardian, or any adult sexually abusing a child who is younger than the age of consent.
- Sexual contact or conduct – This act can involve unwelcome touching, but can also involve how an individual acts toward another. If a person feels that your conduct is sexual in nature, whether you touched them or not, they can accuse you of unwelcome sexual conduct.
When you’ve been accused of any of these crimes or another type of sex crime, you need an experienced defense attorney to help you through the legal process.
Sex Crime Penalties
Under Arizona law, a sex crime conviction can result in some of the harshest penalties in the United States for such crimes, especially if the alleged crime is one that is against a child. For instance, if an individual is caught in possession of child pornography, the minimum sentence can be ten years in prison. It is also required that sex offenders are registered on the sex offender’s list for their area. This means that anyone within the community can see a photo of the offender and all of their personal details.
In addition to prison time, those convicted of criminal sexual conduct will have difficulty finding work, finding a place to live, will have to deal with a tainted reputation for the rest of their lives, and so much more. This is why such cases that involve false allegations, sex offender registration violations, Children’s Protective Services investigations, and actual violations need to be addressed by an experienced sex crime lawyer in a methodical and strategic fashion. It is possible to challenge police tactics used in the arrest and so much more.
Consequences of a Conviction for a Sex Crime
There are several different collateral consequences that can affect you for a long time after you serve your sentence. Collateral consequences are the consequences that impact your ability to engage politically, economically, and socially upon your reentry to society.
These consequences include the barriers to housing, employment, education, and the ability to receive public benefits. Predatory Offender Registration requires you to stay registered for at least a 10 year period. These consequences that come with this registration is the notification of the community that you live in, and the inability to work within a 1,000 foot radius of a school while registered. In addition ,employers and housing lenders/ landlords can see your conviction on your record. This could limit your opportunities to find a good home and meaningful employment. Please read the following:
The Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act of 1994 sets up basic standards for sex-offender registration, requiring states to track sex offenders and confirm their residence every year for 10 years after they are released. It also requires those convicted of sexually violent acts to verify their residences quarterly for life.
Congress enacted Megan’s Law in 1996. It made sex-offender registration information public and created guidelines for community notification.
The Adam Walsh Child Protection and Safety Act of 2006 established the Sex Offender Registration and Notification Act (SORNA), which is the current federal standard. Arizona does not comply with SORNA’s registration and notification requirements, so it does not receive related federal grant funding. | SORNA
Once a sex offender is released from prison, state law requires the Arizona Department of Public Safety to determine if the offender is registered. DPS must send information about the sex offender to the sheriff’s office in the county where the offender is registered. The convicted sex offender also must register with the county sheriff within 10 days and must be fingerprinted. | ARS 13-3825, B
The county sheriff’s office must send information to the police agency for the city where the offender lives. The local law-enforcement agency enforces the registration requirement, assigning the sex offender to a notification risk level ranging from a low of 1 to a high of 3. Local police also must notify residents within 45 days of a sex offender’s registration within their area. | ARS 13-3825, C
If the sex offender is under community supervision, the county probation department or the Arizona Department of Corrections may be responsible for all or some of the notification process for those offenders. | ARS 13-3825, F
The state DPS maintains an online database of Level 2 and Level 3 sex offenders. The Corrections Department also helps update registration information maintained by the sheriff’s office. | ARS 13-3827
If the sex offender is homeless or does not have a permanent residence, the offender must register as transient every 90 days with the sheriff’s office, providing a “description and physical location of any temporary residence.” | ARS 13-3821, I | ARS 13-3821, A
Sex offenders must update their registration every year with the state Motor Vehicle Division, which is supposed to send daily address updates to DPS. Those who do not comply with this requirement are guilty of a Class 6 felony. | ARS 13-3824, B
Sex offenders convicted of dangerous crimes against children are prohibited from living within 1,000 feet of a private or public school (kindergarten through 12th grade) or a child-care facility. Violators are guilty of a Class 1 misdemeanor. This does not apply to sex offenders on probation, minors or offenders living at an address before the school or child-care facility was established. | ARS 13-3727
Apartment owners are prohibited from renting more than 10 percent of units to convicted sex offenders. Only one of the renters among that 10 percent can be a Level 3 offender. The limitation does not apply to certain probationers, including offenders in treatment facilities, in supervised transitional programs where they receive services, or multifamily residences in industrial or commercial areas. | ARS 13-3825 | ARS 13-3826
The Phoenix Crime-Free Multi-Housing Program discourages landlords from renting to convicted felons. Through the program, landlords work with police to ensure there is no drug-related or criminal activity on their properties. | Program
Phoenix and other local police are responsible for enforcing registration requirements. Officers who encounter sex offenders on patrol must determine if they are living at their registered address. Police agencies also must notify local residents about sex offenders who have registered in their neighborhood and track offenders whose registrations have expired.
Phoenix city ordinances bar trespassing, loitering and camping on city streets. Sex offenders registered to street corners and sleeping there are in technical violation of these ordinances. However, if they are under state or county supervision, not sleeping at a designated street corner could violate terms of their supervision, making the ordinances largely unenforced.
Arizona Criminal Sexual Conduct Attorney
If you or a family member has been accused of any type of criminal sexual conduct, you need competent and aggressive legal representation by your side from start to finish. Contact us today at 602-926-7373 or fill out the contact form on this page for your free initial consultation where we will review your case and inform you of our options and your rights,
Have you been charged with a crime? Get in touch with a qualified and professional Arizona Criminal Defense Lawyer as soon as possible to discuss your case! Our legal experts will fight for your rights and you will get you justice you deserve.