Can a 17-Year-Old Girl Date an 18-Year-Old Boy? And If They Have Sexual Relations at That Age, Is It Illegal in Arizona?
Although 17 and 18 are close in age, Arizona law makes an important legal distinction between them. At 18, an individual is considered an adult and is legally capable of providing consent, whereas a 17-year-old is not. Here are the key legal implications of this difference.
What Is Arizona’s Age of Consent?
The age of consent is an important legal distinction that recognizes when someone is old enough and mature enough to consent to sexual activity. Different states have different ages of consent. For example, some states place the age of consent at 16. In Arizona, the age of consent is 18.
This means that individuals under the age of 18 are legally incapable of consenting to sexual conduct. Therefore, even if they said “yes” to the sexual interaction or even initiated the sexual contact, the law considers the act nonconsensual, and there can be adverse repercussions imposed upon the older party.
Age of consent laws help protect vulnerable individuals from sexual abuse and exploitation. They also acknowledge that young individuals may not fully understand the consequences of sexual activity and aim to prevent teen pregnancies.
What Crimes Does Someone Commit to Having Sex with Someone Under Age 18?
Arizona law states that a person commits sexual contact with a minor when they intentionally or knowingly engage in sexual intercourse or oral sexual contact with someone under 18 years of age. The seriousness of this offense depends on the circumstances. It can be charged as follows:
- Class 1 felony if the sexual conduct was with a minor 12 or under who suffers serious physical injury
- Class 2 felony if the sexual conduct was with a minor under 15 or who was at least 15 when the other party had a position of trust over the minor
- Class 6 felony if the sexual conduct was with a minor 15 or older
A conviction for this offense can result in years of imprisonment.
Engaging in sexual activity with a minor can also implicate other sex crime offenses. For example, sexual abuse is defined as intentionally or knowingly engaging in nonconsensual sexual contact with a minor older than 15 or any sexual contact involving the female breast with a person younger than 15.
Sexual exploitation of a minor involves creating, distributing, or possessing child pornography.
Aggravated luring a minor for sexual exploitation involves using an electronic device to send a visual impact of sexually explicit material to someone who is likely a minor and use it to solicit sexual conduct.
Does Arizona Have a Romeo and Juliet Law?
Romeo and Juliet laws refer to a defense that applies to statutory rape laws when the defendant and alleged victim are young in age. Without laws of this nature, an 18-year-old who has consensual sexual relations with a 17-year-old could face serious criminal charges like those described above.
Arizona does have a Romeo and Juliet law that provides a defense to charges of sexual abuse or sexual conduct with a minor. A defendant can raise this defense if:
- The victim’s lack of consent is based on being 15, 16, or 17 years old at the time, AND
- The defendant did not know and reasonably could not have known the victim’s age.
Another exception applies if all of the following are true:
- The victim is 15, 16, or 17 years old.
- The defendant is under 19 years of age or attending high school and is no more than 24 months older than the victim.
- The sexual conduct is consensual.
An experienced sex crimes lawyer can review the circumstances to determine if this or other defenses apply.
Contact an Experienced Tucson Sex Crimes Lawyer at Katsarelis Law Criminal Defense Attorneys Today For Help
For more information, contact the Tucson sex crimes attorneys at Katsarelis Law Criminal Defense Attorneys for a free consultation.
Katsarelis Law Criminal Defense Attorneys
177 N Church Ave # 900, Tucson, AZ 85701
(520) 510-0439