Arizona Prohibited Consensual Sexual Activity Laws
By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed March 07, 2025
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For the most part, your sex life is nobody else’s business. But, most states, including Arizona, have laws prohibiting specific consensual sexual acts. These sex crimes have little to do with consent and a lot to do with social and cultural mores and attitudes toward sexuality.
An example of this would be the anti-sodomy laws that are still on the books in many states, even though homosexuality is more accepted today than it was 50 years ago. There are also laws against engaging in sexual conduct in public.
The good news is that the U.S. Supreme Court found many of these laws unconstitutional in Lawrence v. Thomas (2003.) But, state laws still ban some consensual sex acts, particularly when they involve unwitting third parties in an offensive or shocking manner.
Here, we’ll explain the laws in Arizona that prohibit consensual sexual relations. We will also discuss Arizona’s statutory rape laws. Finally, we’ll describe the penalties and defenses to these crimes. If you’re facing sodomy, rape, or statutory rape charges, consult a skilled criminal defense lawyer immediately.
Arizona Law and Age-of-Consent Laws
In most sexual assault or rape cases, your guilty will turn on whether the other party consented to the sexual activity. The legal age for consent in Arizona is 18. According to A.R.S. 13-1405, the legal act of consent for purposes of sex-related crimes is 18 years of age. An 18-year-old can consent to a sexual relationship with another person, whereas a 15-year-old can't.
If an adult engages in a sexual relationship with someone under 18, they may be guilty of child molestation or sexual abuse. It depends on the age difference between the parties, the facts of the case, and the victim’s age.
For example, if you are 19 and are in a relationship with a 17-year-old high school student, you may be guilty of statutory rape. If police learn of this relationship, they may arrest you and file criminal charges. You’ll face possible prison time, fines, and registration as a sex offender.
Does Arizona Have a Romeo and Juliet Law?
Many states have what we call Romeo and Juliet laws. These laws offer a limited defense for people engaged in a sexual relationship with someone under 18.
Arizona statute §13-1407 offers a “close-in-age” exemption for defendants facing charges of statutory rape or sexual conduct with a minor. To qualify for this defense, the offender must prove the following:
- The defendant is younger than 19 years old or in high school
- The other party to the relationship is between 15-17 years old
- The relationship is consensual
This is an affirmative defense. Your attorney must cite it in your initial response to any misdemeanor or felony charges.
Arizona Laws Banning Certain Consensual Sexual Acts
This article offers a brief overview of Arizona laws banning certain consensual and nonconsensual sexual acts. Remember that consent is a legal term defined by your state’s criminal law. It’s also important to remember that these laws go beyond banning sexual intercourse. They also criminalize other behaviors such as oral sex, fondling, and sexual contact with someone underage.
The table below summarizes Arizona’s laws against consensual sexual intercourse and other forms of sexual activity.
| Sodomy laws | Arizona does not criminalize sodomy. The Arizona legislature repealed the state’s anti-sodomy laws in 2001. But several of Arizona’s revised statutes mention sodomy when defining obscenity and sexual assault. |
|---|---|
| HIV exposure and compelled testing for offenders | Under Arizona Revised Statute §13-1415, a judge can order a convicted perpetrator to undergo HIV or STI testing. |
| Other crimes relating to consensual sex acts | Adultery: Under A.R.S. § 13-1408, when a married person has sexual intercourse with someone other than their spouse, they commit adultery. The unmarried person the spouse has sex with is also guilty of adultery. Adultery qualifies as a Class 3 misdemeanor in Arizona. The penalties will be the same regardless of how long the sexual relationship lasts. The penalties for a Class 3 misdemeanor include up to 30 days in jail and a $500 fine. Public indecency: Under A.R.S. § 13-1403, when someone performs a sexual act in front of a non-consenting person who takes offense to the act, they may be guilty of public indecency. According to Arizona statute, the state can charge you with this crime if you engage in any of the following acts in front of a third party:
The penalty for public indecency is a Class 1 misdemeanor. If the witness is a minor, the penalty is a Class 5 felony. The penalties for a Class 1 misdemeanor include:
According to A.R.S. §13-702, the penalties for a Class 5 felony include:
The judge may reduce the sentence to six months if there are mitigating factors. If there are aggravating factors, such as a prior criminal record, the defendant may face up to two and a half years in prison. |
| Other crimes relating to non-consensual sex acts | Loitering: Under A.R.S. § 13-2905, when a person in a public place solicits another person to engage in sexual activity in a way that is offensive or likely to disturb the peace, the charge is "loitering." The punishment for loitering is a Class 3 misdemeanor. According to A.R.S. § 13-802, the criminal penalties for a Class 3 misdemeanor include a jail sentence of up to 30 days and a $500 fine. Indecent exposure: Under A.R.S. § 13-2905, when a person exposes their genitals in front of a non-consenting person and is reckless about whether the witness would take offense or be alarmed, the charge is indecent exposure. The penalty for indecent exposure is a Class 1 misdemeanor. But, if a defendant has two or more convictions under A.R.S. § 13-2905, the penalty becomes a Class 6 felony. The same is true for indecent exposure to a person under 15. The punishment for a Class 1 misdemeanor includes up to six months in jail and fines of up to $2,500. The penalties for a Class 6 felony are more severe, including up to two years in prison and fines of up to $150,000. |
| Prostitution and other related offenses | Under §13-3208, it is a crime to own or operate a house of prostitution. Anyone who does this knowingly is guilty of a Class 5 felony. Under this statute, it is also a crime to work as a sex worker. Arizona law classifies prostitution as a Class 1 misdemeanor. Under §13-3204, it is a crime to receive the earnings of sex workers (pimping). Anyone who does so knowingly is guilty of a class 5 felony. |
Disclaimer: State laws are subject to change through new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, consult a criminal defense attorney or conduct legal research to verify your state laws.
Registering as a Sex Offender in Arizona
If Arizona convicts you of a sex crime, you'll have to register as a sex offender. This is especially true for someone with a felony conviction for any crimes discussed here. Registration with the Arizona Sex Offender Registry will affect your personal and professional lives.
You must consult a sex crime attorney immediately after your arrest so they can design a solid legal defense. Ideally, you'll avoid a prison sentence and hefty fines. If you're lucky, you may get off with probation and community service. You'll also have to pay court costs and fees where applicable.
Facing Sex Crime Charges in Arizona? Let a Criminal Defense Attorney Help
A conviction of a sex crime has serious consequences. If you're facing charges for an unlawful consensual sex act, contact an experienced criminal defense attorney.
Of course, if you can't afford to hire an attorney, you have the right to counsel, and the public defender's office in your county may be able to help you.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex cases usually require a lawyer
- Experienced lawyers can seek to reduce or eliminate criminal penalties
- Sexual assaults & sex crime convictions often have long sentences and lifelong consequences
Get tailored legal advice and ask a lawyer questions. Many attorneys offer free consultations.
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