What Is Statutory Rape?
People often use the term statutory rape, but Arizona law usually charges this conduct as sexual conduct with a minor. Under Arizona law, a person commits that offense by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with someone who is under 18. Suzuki Law Offices helps clients sort through these charges because the labels people use in everyday speech are not always the same as the charges prosecutors file.
Age of Consent in Arizona
In Arizona, the age of consent is 18 because the statute applies to sexual conduct with a person who is under eighteen years of age. That means a minor’s agreement does not automatically make the conduct lawful. For many people, this is the part of the law that causes the most confusion.
Why These Cases Are More Complicated Than They Look
Not every case is charged the same way. In Arizona, the felony level can change based on the minor’s age, the age gap between the people involved, and whether the accused held a position of trust, such as a parent, teacher, coach, clergy member, employer, or legal guardian. That is one reason Suzuki Law Offices looks closely at the facts before advising a client on the next move.
Arizona Statutory Rape Law at a Glance
| Situation | What Arizona law says | Charge level |
| Minor is under 15 | Sexual conduct with a minor under 15 is punished much more harshly under Arizona law. | Class 2 felony, punishable under A.R.S. § 13-705 |
| Minor is 15, 16, or 17 | Sexual conduct with a minor who is at least 15 is still a felony. | Class 6 felony |
| Minor is 15, 16, or 17, and the accused is over 21 and more than 60 months older | Arizona raises the charge when the accused is older than 21 and more than five years older than the minor. | Class 4 felony |
| Minor is 15, 16, or 17, and the accused was in a position of trust | Arizona treats cases involving trust-based relationships far more seriously. | Class 2 felony |
What Counts as a Position of Trust?
Arizona gives the term “position of trust” a broad meaning. It can include a parent, stepparent, adoptive parent, legal guardian, teacher, school employee, coach, instructor, clergy member, employer, foster parent, and some relatives or adults tied closely to the minor’s family. That kind of relationship can raise the charge significantly.
Does Arizona Have a Romeo and Juliet Law?
Yes, Arizona has a close-in-age defense. It may apply when the minor is 15, 16, or 17, the conduct was consensual, and the defendant is under 19 or attending high school and is no more than 24 months older than the minor. Suzuki Law Offices can review whether that defense fits the facts, because it does not apply in every case, just because both people were young.
Can Mistake About Age Ever Be a Defense?
Sometimes, yes. Arizona law provides a defense in some cases involving a 15-, 16-, or 17-year-old if the defendant did not know, and could not reasonably have known, the other person’s age. That defense is narrow, and it does not erase the need to study the facts carefully.
What the State Still Has to Prove
The prosecution still has to prove the conduct required by the statute and that the other person was under 18. In many cases, the outcome can turn on age, age gap, relationship, and whether a defense applies. Suzuki Law Offices notes that its attorneys bring former prosecutor experience to criminal defense cases, which can matter when the state’s evidence needs to be tested piece by piece in an Arizona criminal court.
Statutory Rape FAQs
Is statutory rape always a felony in Arizona?
Yes. Arizona’s sexual conduct with a minor statute classifies the offense as a felony, with the charge level changing based on the minor’s age and other facts such as age difference or position of trust.
Is 17 years old above the age of consent in Arizona?
No. Arizona law protects people under 18, so a 17-year-old is still below the age of consent. In a narrow group of consensual cases, a close-in-age defense may apply, though that is not the same as saying the conduct was automatically legal.
What if both people are teenagers?
That does not always end the case. Arizona does have a close-in-age defense for some consensual cases involving a 15, 16, or 17-year-old minor, though the age gap and school status rules still matter.
Why should I talk to a lawyer early?
These cases can carry felony exposure and can turn on details that are easy to miss at first. Suzuki Law Offices says its lawyers use their background as former prosecutors to evaluate how charges are built, where the weak points may be, and what defense path makes the most sense.
Talk to Suzuki Law Offices About the Charge You Are Facing
A charge involving sexual conduct with a minor can put your freedom, record, and future at risk. Suzuki Law Offices tells prospective clients that early guidance can make a real difference, especially when the case may depend on age, consent limits, or an available defense under Arizona law.