What Is Considered a Sex Offense?

The United States Sentencing Commission offers an overview of sex offenses on a federal level.

The term sex offense refers to:

• Illegal sex-related activity with a minor
• Sexual abuse or exploitation of children
• Sex trafficking
• Sexual abuse
• Domestic violence
• Military sex offenses
• Any attempt or conspiracy to commit a sex offense

Consent is a primary factor in all sexual offense cases. Adults who engage in sexual activity with a non-consenting adult, whether that activity is forced or coerced, can face sex offense charges. Children under the age of consent, which differs by state, cannot give consent to sexual acts. Therefore, any sex-related activity involving a minor under the age of consent can constitute a sex offense.

Federal Standards for Sex Offender Registration

In addition to providing a standard definition for sex offenses in the United States, the Adam Walsh Child Safety and Protection Act established the National Sex Offender Registry. The Act further requires that every jurisdiction nationwide maintain a sex offender registry that the public can view.

Sex offender registries differ depending on the state, but the Act mandates that the registries include the following information for each registered offender:

• All home, work, and study addresses for the offender
• Car details and license plate number for all vehicles owned or used by the offender
• DNA samples, fingerprints, and palm prints
• A current photo, as well as the offender’s current state-issued ID or driver’s license

Sex offenders in the registry must periodically appear before local authorities to confirm their current registry information. In addition, the information provided in the local registries must be accessible to the public.

Specific Provisions to Protect Children

To specifically address problems with child sexual assault, child sexual abuse, trafficking, and other forms of sexual attacks on children, the Adam Walsh Act enhanced criminal laws pertaining to certain child-related sex crimes, including mandatory prison sentences, increased penalties for sex crimes, harsher penalties for failure to register as a sex offender, and more rigid record-keeping requirements for registered sex offenders.

Internet Safety Act

Due to the frequent use of the internet for sex-related crimes, the Adam Walsh Act further imposes criminal penalties for internet safety violations involving child pornography, child exploitation, and attempts to expose children to obscene materials online.

If you face a sex crime charge, a criminal defense attorney familiar with laws about sex offenses can provide you with an explanation of the laws and regulations that apply to your situation.

Sex Offender Registration Tiers and Notification Requirements in Arizona

In Arizona, the sheriff’s office of the county where the offender resides, works, or studies handles the registration process. To determine notification requirements, Arizona authorities conduct a risk assessment. The assessment includes nineteen factors that studies indicate can predict the risk that a sex offender will reoffend.

These factors are:

1. Number of prior sex-related convictions
2. Number of prior felony non-sex-related convictions
3. Prior arrests for sex-related crimes
4. Age at first conviction for a sex-related offense
5. Use of a weapon during prior sex-related convictions
6. Total number of victims for all sex offenses
7. Gender of all victims in sex-related convictions
8. The offender’s relationship to the victim
9. Use of additional force
10.  Aggravated behaviors for sex-related convictions, such as restraining the victim, detainment for more than 3 hours, forceful relocation, or torture
11.  Sexual offense history of more than five years
12.  Alcohol or drug use
13.  Mental disorders, low IQ, or cognitive impairment
14.  Employment history
15.  Multiple documented “sexually deviant” behaviors or interests
16.  The time between prior felony convictions and alleged re-offense
17.  Discipline while incarcerated
18.  Substance abuse treatment
19. Sex offender therapeutic treatment

Authorities use all these factors together to assess an offender’s risk and establish the community notification level.

Community Notification Levels for Sex Offenders in Arizona

Arizona law indicates that a convicted sex offender must register with the appropriate authorities within 72 hours of their conviction, guilty adjudication, or arrival in the state if the conviction was in another state. This includes individuals in the state for temporary reasons like a vacation or a business trip.

Local law enforcement categorizes sex offenders in the registry based on the above factors.

Offenders may fall into one of three categories depending on their calculated risk assessment:

• Level I: The lowest and least severe warning level, offenders who fall under this category pose a lower risk of sex offense or recidivism. Depending on the crime for which they receive a conviction, they may not have to register on the public online database. While the local sheriff’s office must maintain the offender’s information, they do not have to disseminate it to the community.
• Level II: Level II offenders have a moderate risk of reoffending or committing another sex-related offense. To mitigate the risks, offenders are listed online in the public sex offender registry database. In addition, the sheriff’s office will notify the community by non-electronic means through a press release and paper notifications to the surrounding community.
• Level III: Level III offenders are at the greatest risk of committing a sex crime or reoffending after their release. Therefore, they go onto an online, publicly-available sex offender registry database, and the community can access their information through a press release and non-electronic notifications.

Per Arizona law, offenders convicted of crimes involving children may not live near schools or childcare facilities.

Sexually Violent Person Designation and Hospitalization

If an offender faces a conviction of a sexual offense but is incompetent to stand trial, insane, or if they have a mental disorder that makes them more likely to commit sexually violent acts, they are considered a sexually violent person under Arizona law.

Arizona commits sexually violent people to state-run healthcare facilities for care and treatment until they no longer threaten public safety. Authorities review offenders’ status annually, and if they meet certain criteria, they may be released to a less restrictive facility or discharged. If discharged, such individuals will still need to comply with reporting and notification requirements commensurate with their designated community notification level.

Sex Offenses in Arizona

The penalties associated with a sex offense depend on the level of risk the offender poses to the public. Therefore, in addition to sex offender registration through designated authorities and community notification, sex offenders must serve sentences commensurate with the severity of their crimes determined during a criminal trial.

Sex Crimes

Sexual contact with an adult without their consent or any sexually-oriented activity with children under 18 is considered a sex offense in Arizona.

Such crimes may include:

• Sexual assault
• Sexual abuse (for victims under 18 years)
• Unlawful sexual conduct
• Sexual conduct with a minor
• Child molestation
• Statutory rape
• Indecent exposure
• Public sexual indecency
• Sexual exploitation of a minor or child pornography
• Child prostitution

Sexually Motivated Crimes

In addition to crimes related to sexual offenses, a judge may require a convicted offender to register if the crime was sexually motivated or intended for the offender’s sexual gratification.

Such crimes may include:

• Kidnapping
• First- and second-degree murder
• Assault and aggravated assault
• Unlawful imprisonment
• Kidnapping
• Burglary

If you face charges for sexual crimes, you may want to speak with a criminal defense attorney’s team to understand your rights and obligations. A lawyer familiar with federal and state laws about sexual offenses can provide you with legal advice and guidance throughout the process.

Penalties for Violation of Sex Offender Laws in Arizona

Convictions for sex offenses in Arizona carry different penalties depending on the crime’s classification, ranging from a Class 1 misdemeanor to a Class 1 felony. Misdemeanors can involve $2,500 in fines and jail time up to 6 months.

Felonies carry significantly greater penalties, including higher fines and extensive prison time. Sentencing also depends on several other factors, including the ages of the offender and the victim. For example, if the victim is under 15 years of age and the offender is over 18, the offender can be tried under Arizona law, which can carry a sentence of anywhere from 2.5 years to life in prison without parole.

For sex offenses not involving children, penalties can range from misdemeanor fines and jail time up to life in prison for Class 1 felonies. Depending on the severity of the offense, felony sexual offenders can receive a sentence for time in prison from four months to life, according to Arizona law. A felony conviction rescinds the convicted person’s right to vote or carry firearms. In addition, such a conviction will remain on the offender’s permanent record, affecting their ability to apply for jobs, housing, and financing.

If you face a sex offense charge, you may want to speak with an attorney’s team as soon as possible. A criminal justice attorney can help you understand the charges and penalties and build a defense case.

Penalties for Failure to Register as a Sex Offender

A sex offender must register with the local sheriff’s office within 72 hours of arriving in the state or being convicted of a sex crime. An offender who fails to comply with reporting requirements can receive a Class 4 felony that could lead to imprisonment. In addition, you will likely face a fine for failure to register, and the local authorities may adjust your community notification level upward.

A Criminal Defense Lawyer Can Help You Face Sex Offense Charges

Sexual offense charges carry serious consequences that can affect you for the rest of your life. If you face accusations of sex crimes, you may want to contact a criminal defense law firm that handles sex offenses as soon as possible.

A lawyer familiar with federal and state sex offense laws can help you navigate the legal process, including:

• Negotiating release on bail or bond
• Requesting a bail reduction
• Gathering evidence and investigating claims
• Reviewing the case for errors and oversights
• Determining whether appropriate investigative procedures were followed
• Building a defense based on the weaknesses of the prosecution’s case
• Conducting negotiations for a plea bargain to reduce charges or sentences
• Defending your legal rights before a judge and jury

Defenses Against Sex Crime Charges

Your criminal defense attorney can seek to get the charges dismissed if at all possible. If the facts of your case prevent dismissal, then your lawyer can work to reduce the severity of your charges and sentencing.

Defenses they may use to support your case include:

• False accusations or misidentification
• Coerced witness statements
• Questioning the alleged victim’s credibility
• Lack of knowledge of the victim’s age
• Romeo and Juliet defense
• Alibi to prove you were elsewhere
• Miranda Rights violations
• Procedural errors during the investigation
• Evidence mishandling or tampering

You Can Contact a Defense Attorney Who Handles Sex Offender Cases Today

If you or someone you know is under investigation or faces sex offense charges, you can contact a legal team to discuss your legal rights and options. An attorney’s team can provide you with a free case review.

If you choose to hire a lawyer, they can handle your defense from the initial investigative phase through arraignment, trial, and sentencing. They can also work to scrutinize the evidence against you, negotiate with prosecutors, or represent you to seek reduced charges or penalties.

Even if you don’t know whether you should hire an attorney, consider contacting a law firm for a case review. Many law firms provide these calls for free. During your consultation, you can learn more about your legal options and the next best steps.