Posted on July 18, 2025 in Sex Crimes

Consent & Arizona’s Statutory Rape Law

It’s not uncommon for someone to believe they’re in a consensual relationship, only to find themselves accused of a serious sex crime. In Arizona, this situation often arises when one person in the relationship is under the legal age of consent, even if the relationship appears mutual and both parties agree to it. The result can be criminal charges under Arizona’s statutory rape law.

If you or someone you know is dealing with this kind of accusation, knowing how Arizona defines consent (and when the law says it doesn’t matter) is essential. These charges are not taken lightly and can carry lifelong consequences if they lead to a conviction.

What Does Arizona Law Say About the Age of Consent?

In Arizona, the legal age of consent is 18. That means anyone under 18 is considered legally unable to agree to sexual activity with an adult. Even if both parties willingly engage in a relationship, the law doesn’t recognize the younger person’s consent as valid.

This strict line is meant to protect minors from exploitation, but it also means people can face felony charges for behavior that may not have seemed criminal at the time. Prosecutors don’t need to prove force or coercion, just that a sexual act took place and one person was underage.

How These Cases Are Prosecuted

Arizona law doesn’t actually use the term “statutory rape.” Instead, most charges fall under A.R.S. § 13-1405, which criminalizes sexual conduct with a minor. The penalties depend heavily on the younger person’s age:

• If the minor is under 15, it’s typically charged as a Class 2 felony, often enhanced under Arizona’s Dangerous Crimes Against Children (DCAC) law. This can mean mandatory prison time and sex offender registration.
• If the minor is 15, 16, or 17, it’s usually charged as a Class 6 felony, which is still serious but may carry more flexible sentencing options.
• If the minor is 12 or under and suffers a serious physical injury, it is charged as a Class 1 felony. 

Each case depends on specific facts, but the law allows for harsh consequences, including prison, lifelong registration as a sex offender, and a felony record.

Are There Any Exceptions for Close-Age Relationships?

Arizona does allow for a few narrow exceptions. For one, if both people are at least 15 years old and the age difference is less than two years, the case might not be prosecuted under this law. This is often called a “Romeo and Juliet” provision and is meant to protect teenagers in consensual relationships from facing felony charges. 

Although this exception primarily applies to people ages 15, 16, and 17, it can still apply to 18 and 19-year-olds if they are still in high school. Another rare exception is for teens who are married. With parental consent, a person can be legally married in Arizona if they are 16 or 17 years of age and their prospective spouse is not more than 3 years older than them. 

Contact the Criminal Defense Lawyers at Orent Law Offices, PLC In Phoenix To Get Legal Assistance Today

If you’re being investigated or have already been charged with sexual conduct involving a minor, speak to a defense lawyer right away. These cases move quickly, and one wrong move can put your freedom at risk.

An attorney can review the facts, challenge any illegal police conduct, negotiate with prosecutors, and develop a defense based on your circumstances. Depending on the facts, it may be possible to get the charges reduced (or even dismissed altogether), but that process starts with legal guidance.

The stakes are high, and Arizona courts do not offer much leniency once charges are filed. 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.