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.