Ariz. Rev. Stat. » Title 13
Arizona Revised Statutes

Ariz. Rev. Stat. § 13-1401 (2026)

Definitions; factors

✓ current as of May 2026
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A. In this chapter, unless the context otherwise requires:

1. "Oral sexual contact" means oral contact with the penis, vulva or anus.

2. "Position of trust" means a person who is or was any of the following:

(a) The minor's parent, stepparent, grandparent, adoptive parent, legal guardian, aunt, uncle or foster parent.

(b) The minor's teacher or any school employee or volunteer at the minor's school who is eighteen years of age or older.

(c) The minor's coach or instructor, whether the coach or instructor is an employee or volunteer.

(d) The minor's clergyman or priest or any person who is at least eighteen years of age and who worked or volunteered for a religious organization that hosted events or activities where the minor was in attendance.

(e) Engaged in a sexual or romantic relationship with the minor's parent, adoptive parent, grandparent, aunt, uncle, legal guardian, foster parent, stepparent, step-grandparent  or sibling.

(f) Related to the minor by blood or marriage within the third degree and is at least ten years older than the minor.

(g) The minor's employer.

(h) An employee of a group home or residential treatment facility where the minor resides or has previously resided.  For the purpose of this subdivision, "group home" means a child welfare agency that receives for care and maintenance a child who has been adjudicated dependent or a community residential setting as defined in section 36-551.

3. "Sexual contact":

(a) Means any direct or indirect touching, fondling or manipulating of any part of the genitals, anus or female breast by any part of the body or by any object or causing a person to engage in such contact.

(b) Does not include direct or indirect touching or manipulating during caretaking responsibilities or interactions with a minor or vulnerable adult that an objective, reasonable person would recognize as normal and reasonable under the circumstances.

4. "Sexual intercourse" means penetration into the penis, vulva or anus by any part of the body or by any object or masturbatory contact with the penis or vulva.

5. "Spouse" means a person who is legally married and cohabiting.

6. "Teacher" means a certificated teacher as defined in section 15-501 or any other person who provides instruction to pupils in any school district, charter school or accommodation school, the Arizona state schools for the deaf and the blind or a private school in this state.

7. "Without consent" includes any of the following:

(a) The victim is coerced by the immediate use or threatened use of force against a person or property.

(b) The victim is incapable of consent by reason of mental disorder, mental defect, drugs, alcohol, sleep or any other similar impairment of cognition and such condition is known or should have reasonably been known to the defendant. For the purposes of this subdivision, "mental defect" means the victim is unable to comprehend the distinctively sexual nature of the conduct or is incapable of understanding or exercising the right to refuse to engage in the conduct with another.

(c) The victim is intentionally deceived as to the nature of the act.

(d) The victim is intentionally deceived to erroneously believe that the person is the victim's spouse.

B. The following factors may be considered in determining whether a relationship is currently or was previously a sexual or romantic relationship pursuant to subsection A, paragraph 2, subdivision (e) of this section:

1. The type of relationship.

2. The length of the relationship.

3. The frequency of the interaction between the two persons.

4. If the relationship has terminated, the length of time since the termination.

Notes of Decisions
Cited in 153 cases (25 in the last 5 years), 1969–2026 · leading case: State of Arizona v. Jerry Charles Holle, 379 P.3d 197 (Ariz. 2016).
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State of Arizona v. Jerry Charles Holle, 379 P.3d 197 (Ariz. 2016). · cites it 22× “A.R.S. §§ 13-1401(3), -1404(A), -1410. The majority concludes that these statutes should be applied literally and therefore require no mental state beyond a person’s intentionally or knowingly touching a child’s “private parts.”
State v. Flores, 772 P.2d 589 (Ariz. Ct. App. 1989). · cites it 64× “DEFENDANT'S MOTION FOR JUDGMENT OF ACQUITTAL ON THE PUBLIC SEXUAL INDECENCY COUNT Defendant was charged in Count II with having "intentionally or knowingly engaged in an act of sexual intercourse and was reckless about whether such other person, as a reasonable person, would be…”
State v. Crane, 799 P.2d 1380 (Ariz. Ct. App. 1990). · cites it 30× “I believe that there has been testimony presented which could lead the jury to believe that sexual intercourse did occur as defined in the statute so I'm going to deny your motion for a directed verdict of acquittal on the two Sexual Conduct with a Minor charges.”
State of Arizona v. Manuel Fernando Florez, 384 P.3d 335 (Ariz. Ct. App. 2016). · cites it 12× “” § 13-1401(A)(3). Again, the definition does not distinguish between the victim’s genitals or anus and the perpetrator’s.”
State v. Bible, 858 P.2d 1152 (Ariz. 1993). · cites it 4× “Although “without consent” included use or threats of force, A.R.S. § 13-1401(5)(a), it also included intentionally deceiving a victim, A.”
State v. Lammie, 793 P.2d 134 (Ariz. Ct. App. 1990). · cites it 12× “Therefore, he posits it differs from the substantive offenses set forth in chapter 14 (A.R.S. §§ 13-1401 to 1416). The case law and statutory history with regard to the offense of attempt in Arizona demonstrate the contrary.”
State v. Getz, 944 P.2d 503 (Ariz. 1997). · cites it 9× “4 The state acknowledges that, in this case, the undisputed evidence shows that the victim/participant consented to the touching of her breasts.”
State v. Ortega, 206 P.3d 769 (Ariz. Ct. App. 2008). · cites it 6× “Under subsection (A), the elements of sexual conduct with a minor are: (1) intentionally or knowingly engaging in sexual intercourse or oral sexual contact, defined in a separate statute, (2) with a person who is less than eighteen years of age.”
In Re Pima Cnty. Juv. Appeal No. 74802-2, 790 P.2d 723 (Ariz. 1990). · cites it 8× “"Sexual contact" referred to in subsection A of the statute is in turn defined in A.R.S. § 13-1401 subd. 2 which provides: "sexual contact" means any direct or indirect fondling or manipulating of any part of the genitals, anus, or female breast.”
May v. Ryan, 245 F. Supp. 3d 1145 (D. Ariz. 2017). · cites it 4× “” Ariz. Rev. Stat. § 13-1401 (3) (2015). The prohibition does not require that the intentional touching have a sexual intent, though section 13-1407(E) provides that as an “affirmative” defense, 'a defendant may assert “that the defendant was not motivated by a sexual interest.”
State of Arizona v. Earl Jefferson Causbie, 384 P.3d 1253 (Ariz. Ct. App. 2016). · cites it 12× “The state’s proposed instruction provided: " 'Without consent' includes, but is not limited to, any of the following,” and then substantially followed the full text of A.R.S. §13-1401 (A)(7)(a)—(d). In this respect, it substantially followed State Bar of Arizona’s Revised…”
State of Arizona v. Joel Randu Escalante-Orozco, 386 P.3d 798 (Ariz. 2017). · cites it 2× “§ 13-1401(A)(4). He did so “without consent” if Maria was “coerced by the immediate use or threatened use of force” against her or her property.”
Show all 153 citing cases →
— Ariz. Rev. Stat. § 13-1401(1) — 8 cases
State v. Wise, 671 P.2d 909 (Ariz. 1983).
State v. Wise, 671 P.2d 909 (Ariz. 1983).
State v. Larson, 214 P.3d 429 (Ariz. Ct. App. 2009).
State v. Rhodes, 200 P.3d 973 (Ariz. Ct. App. 2008).
State Ex Rel. Hamilton v. Superior Court, 624 P.2d 862 (Ariz. 1981).
— Ariz. Rev. Stat. § 13-1401(2) — 31 cases
State v. Flores, 772 P.2d 589 (Ariz. Ct. App. 1989). “DEFENDANT'S MOTION FOR JUDGMENT OF ACQUITTAL ON THE PUBLIC SEXUAL INDECENCY COUNT Defendant was charged in Count II with having "intentionally or knowingly engaged in an act of sexual intercourse and was reckless about whether such other person, as a reasonable person, would be…”
State v. Ortega, 206 P.3d 769 (Ariz. Ct. App. 2008). “Under subsection (A), the elements of sexual conduct with a minor are: (1) intentionally or knowingly engaging in sexual intercourse or oral sexual contact, defined in a separate statute, (2) with a person who is less than eighteen years of age.”
State of Arizona v. Angelino Paolo Buccheri-Bianca, 312 P.3d 123 (Ariz. Ct. App. 2013).
In Re Pima Cnty. Juv. Appeal No. 74802-2, 790 P.2d 723 (Ariz. 1990). “"Sexual contact" referred to in subsection A of the statute is in turn defined in A.R.S. § 13-1401 subd. 2 which provides: "sexual contact" means any direct or indirect fondling or manipulating of any part of the genitals, anus, or female breast.”
State v. Ruggiero, 120 P.3d 690 (Ariz. Ct. App. 2005).
— Ariz. Rev. Stat. § 13-1401(3) — 24 cases
State v. Flores, 772 P.2d 589 (Ariz. Ct. App. 1989). “DEFENDANT'S MOTION FOR JUDGMENT OF ACQUITTAL ON THE PUBLIC SEXUAL INDECENCY COUNT Defendant was charged in Count II with having "intentionally or knowingly engaged in an act of sexual intercourse and was reckless about whether such other person, as a reasonable person, would be…”
State v. Crane, 799 P.2d 1380 (Ariz. Ct. App. 1990). “I believe that there has been testimony presented which could lead the jury to believe that sexual intercourse did occur as defined in the statute so I'm going to deny your motion for a directed verdict of acquittal on the two Sexual Conduct with a Minor charges.”
State of Arizona v. Jerry Charles Holle, 379 P.3d 197 (Ariz. 2016). “A.R.S. §§ 13-1401(3), -1404(A), -1410. The majority concludes that these statutes should be applied literally and therefore require no mental state beyond a person’s intentionally or knowingly touching a child’s “private parts.”
State v. Maldonado, 78 P.3d 1060 (Ariz. Ct. App. 2003).
State v. Zaragoza, 659 P.2d 22 (Ariz. 1983).
— Ariz. Rev. Stat. § 13-1401(3)(a) — 2 cases
State v. Gavina (Ariz. Ct. App. 2025).
State v. Gastelum (Ariz. Ct. App. 2026).
— Ariz. Rev. Stat. § 13-1401(4) — 6 cases
State v. Fischer, 199 P.3d 663 (Ariz. Ct. App. 2008).
State v. Hauss, 688 P.2d 1051 (Ariz. Ct. App. 1984).
State v. Cuevas (Ariz. Ct. App. 2017).
State v. Lewis (Ariz. Ct. App. 2018).
State v. Gastelum (Ariz. Ct. App. 2026).
— Ariz. Rev. Stat. § 13-1401(5) — 6 cases
State v. Getz, 944 P.2d 503 (Ariz. 1997). “4 The state acknowledges that, in this case, the undisputed evidence shows that the victim/participant consented to the touching of her breasts.”
State v. Johnson, 745 P.2d 81 (Ariz. 1987).
State v. Kuntz, 100 P.3d 26 (Ariz. Ct. App. 2004).
State v. Superior Court, Santa Cruz Cty., 744 P.2d 725 (Ariz. Ct. App. 1987).
State v. Kemper, 271 P.3d 484 (Ariz. Ct. App. 2011).
— Ariz. Rev. Stat. § 13-1401(5)(B) — 1 case
State v. Clow, 634 P.2d 576 (Ariz. 1981).
— Ariz. Rev. Stat. § 13-1401(5)(a) — 5 cases
State v. Bible, 858 P.2d 1152 (Ariz. 1993). “Although “without consent” included use or threats of force, A.R.S. § 13-1401(5)(a), it also included intentionally deceiving a victim, A.”
State v. Mohajerin, 244 P.3d 107 (Ariz. Ct. App. 2010).
Soto v. Superior Court, 949 P.2d 539 (Ariz. Ct. App. 1997).
State v. Denning, 747 P.2d 620 (Ariz. Ct. App. 1987).
State v. Lockwood (Ariz. Ct. App. 2014).
— Ariz. Rev. Stat. § 13-1401(5)(b) — 3 cases
State v. Johnson, 745 P.2d 81 (Ariz. 1987).
State of Arizona v. Miguel Francisco Inzunza, 316 P.3d 1266 (Ariz. Ct. App. 2014).
United States v. Terrell, 621 F.3d 1154 (9th Cir. 2010).
— Ariz. Rev. Stat. § 13-1401(5)(c) — 1 case
State v. Bible, 858 P.2d 1152 (Ariz. 1993). “Although “without consent” included use or threats of force, A.R.S. § 13-1401(5)(a), it also included intentionally deceiving a victim, A.”
— Ariz. Rev. Stat. § 13-1401(7) — 1 case
State v. MacIas (Ariz. Ct. App. 2017).
— Ariz. Rev. Stat. § 13-1401(7)(b) — 1 case
State v. Day (Ariz. Ct. App. 2015).
— Ariz. Rev. Stat. § 13-1401(A) — 1 case
State v. Gulli, 391 P.3d 1210 (Ariz. Ct. App. 2017).
— Ariz. Rev. Stat. § 13-1401(A)(1) — 4 cases
Simpson v. Miller, 377 P.3d 1003 (Ariz. Ct. App. 2016).
State v. Griffet (Ariz. Ct. App. 2017).
State v. Price (Ariz. Ct. App. 2019).
State v. Elizondo (Ariz. Ct. App. 2025).
— Ariz. Rev. Stat. § 13-1401(A)(3) — 13 cases
State of Arizona v. Jerry Charles Holle, 379 P.3d 197 (Ariz. 2016). “A.R.S. §§ 13-1401(3), -1404(A), -1410. The majority concludes that these statutes should be applied literally and therefore require no mental state beyond a person’s intentionally or knowingly touching a child’s “private parts.”
State of Arizona v. Manuel Fernando Florez, 384 P.3d 335 (Ariz. Ct. App. 2016). “” § 13-1401(A)(3). Again, the definition does not distinguish between the victim’s genitals or anus and the perpetrator’s.”
State of Arizona v. Jerry Charles Holle, 358 P.3d 639 (Ariz. Ct. App. 2015).
State of Arizona v. Phillip Gregory Speers, 361 P.3d 952 (Ariz. Ct. App. 2015).
State v. Gulli, 391 P.3d 1210 (Ariz. Ct. App. 2017).
— Ariz. Rev. Stat. § 13-1401(A)(3)(a) — 13 cases
Martinez v. Estes, 557 P.3d 788 (Ariz. Ct. App. 2024).
State v. Fulcher (Ariz. Ct. App. 2021).
State v. Ruedas (Ariz. Ct. App. 2022).
State v. Navarro (Ariz. Ct. App. 2023).
State v. Garcia (Ariz. Ct. App. 2019).
— Ariz. Rev. Stat. § 13-1401(A)(3)(b) — 5 cases
Martinez v. Estes, 557 P.3d 788 (Ariz. Ct. App. 2024).
State v. Fulcher (Ariz. Ct. App. 2021).
State v. Alonso (Ariz. Ct. App. 2025).
State v. Difilippantonio (Ariz. Ct. App. 2023).
State v. Bieganski (Ariz. Ct. App. 2019).
— Ariz. Rev. Stat. § 13-1401(A)(4) — 15 cases
State of Arizona v. Manuel Fernando Florez, 384 P.3d 335 (Ariz. Ct. App. 2016). “” § 13-1401(A)(3). Again, the definition does not distinguish between the victim’s genitals or anus and the perpetrator’s.”
State of Arizona v. Joel Randu Escalante-Orozco, 386 P.3d 798 (Ariz. 2017). “§ 13-1401(A)(4). He did so “without consent” if Maria was “coerced by the immediate use or threatened use of force” against her or her property.”
State of Arizona v. Brian K. Hancock, 379 P.3d 1024 (Ariz. Ct. App. 2016).
State v. Gulli, 391 P.3d 1210 (Ariz. Ct. App. 2017).
State v. Gomes (Ariz. Ct. App. 2022).
— Ariz. Rev. Stat. § 13-1401(A)(7) — 4 cases
State of Arizona v. Earl Jefferson Causbie, 384 P.3d 1253 (Ariz. Ct. App. 2016). “The state’s proposed instruction provided: " 'Without consent' includes, but is not limited to, any of the following,” and then substantially followed the full text of A.R.S. §13-1401 (A)(7)(a)—(d). In this respect, it substantially followed State Bar of Arizona’s Revised…”
State of Arizona v. Hon. wein/goodman, 417 P.3d 787 (Ariz. 2018).
State v. Herrera (Ariz. Ct. App. 2019).
State v. Best (Ariz. Ct. App. 2020).
— Ariz. Rev. Stat. § 13-1401(A)(7)(a) — 1 case
State of Arizona v. Joel Randu Escalante-Orozco, 386 P.3d 798 (Ariz. 2017). “§ 13-1401(A)(4). He did so “without consent” if Maria was “coerced by the immediate use or threatened use of force” against her or her property.”
— Ariz. Rev. Stat. § 13-1401(A)(7)(b) — 2 cases
State of Arizona v. Earl Jefferson Causbie, 384 P.3d 1253 (Ariz. Ct. App. 2016). “The state’s proposed instruction provided: " 'Without consent' includes, but is not limited to, any of the following,” and then substantially followed the full text of A.R.S. §13-1401 (A)(7)(a)—(d). In this respect, it substantially followed State Bar of Arizona’s Revised…”
State v. Farnsworth, 389 P.3d 88 (Ariz. Ct. App. 2017).
— Ariz. Rev. Stat. § 13-1401(B) — 2 cases
State v. Martinez, 596 P.2d 734 (Ariz. Ct. App. 1979).
State v. O'Kelley, 570 P.2d 805 (Ariz. Ct. App. 1977).
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