Posted on April 22, 2025 in Sex Crimes

Can I Date a 17-Year-Old as a 19-Year-Old in Arizona?

In Arizona, relationships involving a minor are subject to specific legal rules that distinguish them from relationships between adults. If you are 19 and considering dating a 17-year-old, it’s important to understand what the law says, as you want to make sure you aren’t inadvertently violating it, which could lead to serious criminal penalties for defendants. 

The Legal Age of Consent in Arizona 

In Arizona, the age of consent is 18 years old. This means that once an individual turns 18, they are legally able to agree to sexual activity.

Arizona’s statutory rape laws state that it is a crime for an adult to engage in sexual intercourse with someone under the age of 18. This is classified as a felony. The law is meant to protect minors who are not yet legally capable of giving consent.

Understanding the legal implications of these rules is essential for anyone involved in relationships where age differences may be a factor.

Romeo and Juliet Law – Close in Age Exemption 

Arizona’s Romeo and Juliet Law is designed to protect young people engaged in consensual relationships from harsh criminal penalties. Under ARS § 13-1407, minors aged 15 to 17 can legally have consensual sexual relations with partners who are under 19 or in highschool, as long as the age difference does not exceed 24 months. 

19-Year-Old Likely NOT Protected By This Exemption

This means that a 19-year-old and a 17-year-old would likely not be protected under this law because the statute specifically refers to individuals who are under 19. The only exception would be if a 19-year-old was attending high school and having a relationship with a 17-year-old, and they were less than 24 months apart. This could happen, but most individuals are out of high school by the time they’re 19.

 

However, if an 18-year-old and a 16-year-old had a relationship, the 18-year-old could potentially be shielded from prosecution, depending on the birthdays of each party.

Penalties for Statutory Rape in Arizona 

If a person is charged with statutory rape in Arizona because they do not fall into the close in age exemption, they serious face serious penalties: 

 

• For a victim aged between 15 and 18, the offense is treated as a Class 6 felony. Convictions in these cases can lead to sentences of multiple years in prison.
• When the defendant is in a position of trust–such as a teacher–the charges escalate to a Class 2 felony, and the penalties become much more severe, potentially carrying up to 27 years in prison. 
• Sex offender registration may be required as well.

Generally speaking, the younger the victim, the more serious the penalties are. 

Defenses to Statutory Rape Charges

In addition to the close in age exemption, there are other possible defenses your lawyer can raise if you are facing statutory rape charges. Some common ones include: 

• Marital Exceptions: If a minor aged 16 or 17 is legally married, this may serve as a defense under certain conditions, as the marital status can exempt the defendant from statutory rape charges according to the statute.
• Mistaken Age: Another statutory defense is that the defendant genuinely did not know and could not have reasonably known the victim’s actual age. This can help if there is evidence that the age was misrepresented or unclear.
• False Accusations: Defendants can also argue that the allegations are unfounded or fabricated. In these instances, presenting credible evidence to discredit the claims might lead to dropping the charges or could result in an acquittal.

Your lawyer will determine the best defense based on the circumstances of your case. 

Contact a Criminal Defense Attorney for Legal Help

If you have any questions about Arizona law or need help with fighting back against criminal charges, contact us today to schedule a free consultation with an experienced sex crimes lawyer. For more information, contact the criminal defense attorney Craig Orent. Give us a call at (480) 656-7301 or visit our law office at 11811 N Tatum Blvd UNIT 3031, Phoenix, AZ 85028. We offer a free case evaluation, so get the help you deserve today.