January 23, 2026 / Arizona Law

Consent Laws in Arizona

Consent Laws in Arizona

Consent can play a critical role in many types of criminal cases that involve sexual conduct. Arizona law is very clear about when consent exists and when it does not. Since the consequences of a conviction for a sex crime can be especially life-altering, learning about how consent is legally defined and how it works is critical.

Continue reading to learn more about how consent operates within Arizona criminal law. If you’ve been charged, contact a defense lawyer for a free consultation right away.

Per Arizona Revised Statutes § 13-1401, “without consent” is defined in several specific ways. The law states that sexual conduct occurs without consent when:

  • The victim is “coerced by the immediate use or threatened use of force”
  • The victim is “incapable of consent by reason of mental disorder, mental defect, drugs, alcohol, sleep or any other similar impairment of cognition”
  • The victim is “intentionally deceived as to the nature of the act”
  • The victim is “intentionally deceived to erroneously believe that the person is the victim’s spouse”

A person must have both the ability and the freedom to choose to engage in sexual activity. Any situation that removes that choice may make the act nonconsensual.

The age of consent in Arizona is 18. This means that, broadly speaking, anyone younger than 18 years of age cannot legally consent to sexual activity with an adult. 

However, note that there are limited exceptions under Arizona’s “Romeo and Juliet” provisions. These allow for some consensual sexual activity between minors close in age. However, these exceptions do not apply in all circumstances and generally do not extend to adults engaging with minors.

Violations of Arizona’s consent laws involving minors can lead to severe penalties. These include mandatory sex offender registration and lengthy prison sentences, among others.

Disputes over consent often arise when both parties know each other. Some of the most common issues that lead to criminal charges include:

  • Allegations that one person was too intoxicated to consent
  • Claims of coercion and manipulation
  • Misunderstandings during consensual encounters that later lead to accusations

In these cases, the main question often centers around whether consent was freely and clearly given. 

A criminal defense attorney can play a crucial role in challenging allegations involving consent. Your lawyer can:

  • Examine the evidence and witness statements for inconsistencies
  • Determine whether the alleged victim had the capacity to consent under the law
  • Identify potential motives for false accusations
  • Present evidence that supports your version of events

In some situations, digital communications and witness testimony can help demonstrate that the interaction was consensual. However, as every case is unique, your attorney’s strategy will depend on the facts and available evidence.

Contact Katsarelis Law Criminal Defense Attorneys for a Free Consultation With a Tucson Sex Crimes Lawyer

Being accused of a crime involving lack of consent is one of the most serious allegations a person can face. If you are under investigation or have been charged with a sexual offense in Arizona, it may still be possible to secure a favorable outcome as the law permits. 

Call Katsarelis Law Criminal Defense Attorneys to schedule a free consultation with a Tucson sex crimes lawyer.

For more information, contact the Tucson Criminal Defense 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