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Legal Statutes: Arizona

UPDATED September 15, 2017

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Chapter 14. Sexual Offenses

back to top§ 13-1406. Sexual assault; classification; increased punishment

A. A person commits sexual assault by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent of such person.

B. Sexual assault is a class 2 felony, and the person convicted shall be sentenced pursuant to this section and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by § 31-233, subsection A or B until the sentence imposed by the court has been served or commuted. If the victim is under fifteen years of age, sexual assault is punishable pursuant to § 13-705. The presumptive term may be aggravated or mitigated within the range under this section pursuant to § 13-701, subsections C, D and E. If the sexual assault involved the intentional or knowing administration of flunitrazepam, gamma hydroxy butyrate or ketamine hydrochloride without the victim's knowledge, the presumptive, minimum and maximum sentence for the offense shall be increased by three years. The additional sentence imposed pursuant to this subsection is in addition to any enhanced sentence that may be applicable. The term for a first offense is as follows:



Minimum


Presumptive


Maximum


5.25 years


7 years


14 years


The term for a defendant who has one historical prior felony conviction is as follows:



Minimum


Presumptive


Maximum


7 years


10.5 years


21 years


The term for a defendant who has two or more historical prior felony convictions is as follows:



Minimum


Presumptive


Maximum


14 years


15.75 years


28 years


C. The sentence imposed on a person for a sexual assault shall be consecutive to any other sexual assault sentence imposed on the person at any time.

D. Notwithstanding § 13-703, § 13-704, § 13-705, § 13-706, subsection A and § 13-708, subsection D, if the sexual assault involved the intentional or knowing infliction of serious physical injury, the person may be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by § 31-233, subsection A or B until at least twenty-five years have been served or the sentence is commuted. If the person was at least eighteen years of age and the victim was twelve years of age or younger, the person shall be sentenced pursuant to § 13-705.

Added by Laws 1977, Ch. 142, § 63, eff. Oct. 1, 1978. Amended by Laws 1982, Ch. 322, § 4; Laws 1983, Ch. 202, § 9; Laws 1985, Ch. 364, § 19, eff. May 16, 1985; Laws 1989, Ch. 199, § 1, eff. May 16, 1989; Laws 1993, Ch. 255, § 26, eff. Jan. 1, 1994; Laws 1994, Ch. 236, § 6; Laws 1997, Ch. 217, § 2; Laws 1998, Ch. 281, § 3; Laws 1999, Ch. 92, § 1; Laws 2008, Ch. 301, § 59, eff. Jan. 1, 2009.