Vernon E. Peltz
Attorney at Law

SEX OFFENSES


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Aizona Revised Statutes Title 13 - Criminal Code
Aizona Revised Statutes Title 28
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Warrants in Arizona
Vernon E. Peltz
PMB 351 7925A North Oracle
Tucson, Arizona 86704-6316
(520) 623-5225
Email: Vernon@vpeltzlaw.com


Who is typically required to register? Pursuant to A.R.S. 13-3821 eighteen categories of Defendant's who reside in Arizona have to register as sex offenders when convicted for:

1.  Unlawful Imprisonment, victim under eighteen Defendant not victim's parent.
2.  Kidnapping, victim under eighteen Defendant not victim's parent.
3.  Sexual Abuse and victim is under eighteen.
4.  Sexual Conduct with a Minor.
5.  Sexual Assault.
6.  Sexual Assault of a Spouse.
7.  Molestation of a Child.
8.  Continuous Sexual Abuse of a Child.
9.  Taking a Child for the Purpose of Prostitution.
10. Child Prostitution.
11. Commercial Sexual Exploitation of a Minor.
12. Sexual Exploitation of a Minor.
13. Luring a Minor for Sexual Exploitation.
14. A second or subsequent violation of Indecent Exposure.
15. A second or subsequent violation of Public Sexual Indecency.
16. A third or subsequent violation of Indecent Exposure.
17. A third or subsequent violation of Public Sexual Indecency.
18. A violation of Failing to Register as a Sex Offender.

Sex offender registration lasts for the life of the registrant (Fisher v. Kaufman), 201 Ariz. 500, Versuslaw paragraph 20 (Ariz.App.Div.1 12/31/2001).

Confrontation Tape: A sound recording made by a government agent with permission of one of the parties to the recorded conversation is not a violation of the Fourth Amendment, United States v. White, 401 U.S. 745 (1971).

Typical prison sentences for certain sex offenses:

1. Sexual Assault A.R.S. 13-604.01. A., thirty-five years - life if victim twelve or under.


2. Sexual Conduct with a Minor, A.R.S. 13-604.01. C. twenty years for first offense if victim twelve, thirteen or fourteen years old.


3. Molestation of a Child A.R.S. 13-604-01.D., seventeen years.

For 1 - 3 above if there are two or more victims Defendant's sentences shall run consecutively. For example if Defendant is convicted of having sexual conduct with a twelve year old and molesting another child Defendant will typically be sentenced to thirty-seven years in prison, A.R.S. 13-604-01.K.

Pursuant to A.R.S. 13-3961 three sex offenses are not bailable when the proof is evident or the presumption great, that Defendant will not prevail.

1 Sexual assault,
2 Sexual conduct with a minor under fifteen and
3 Molestation of a child under fifteen

Sex Offender Registration is Valid: "Arizona's sex offender registration statute, A.R.S. 13- 3821, is regulatory in nature and not an unconstitutional ex post facto law when applied to . . . defendant's convicted after the enactment of the statute for offenses predating the . . . statute (State v. Noble, 171 Ariz. 171 (Ariz. 1992))."

DNA Testing: Anyone required to register as a sex offender must be DNA tested. A.R.S. 13-610.N.2. Beginning on January 1, 2004 a violation of any felony offense (A.R.S. 13-610.N.5.) also mandates DNA testing.

Community Notification: Within forty-five days, the local law enforcement agency shall notify the community of the offenders presence in the community.