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

Ariz. Rev. Stat. § 13-1404 (2026)

Sexual abuse; classification

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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A. A person commits sexual abuse by intentionally or knowingly engaging in sexual contact with any person who is fifteen or more years of age without consent of that person or with any person who is under fifteen years of age if the sexual contact involves only the female breast.

B. It is not a defense to a prosecution for a violation of this section that the other person consented if the other person was fifteen, sixteen or seventeen years of age and the defendant was in a position of trust.

C. Sexual abuse is a class 5 felony unless the victim is under fifteen years of age in which case sexual abuse is a class 3 felony punishable pursuant to section 13-705.

 

Notes of Decisions
Cited in 125 cases (22 in the last 5 years), 1964–2026 · 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 63× “The State charged Holle with sexual abuse of a minor under age fifteen, A.R.S. § 13-1404; sexual conduct with a minor, A.”
State v. Getz, 944 P.2d 503 (Ariz. 1997). · cites it 48× “1, supra (emphasis added) (current version at A.R.S. § 13-1404 (Supp. 1996)). The term “sexual contact” referred to in section 13-1404 is defined in A.”
In re Pima Cnty. Juv. Appeal No. 74802-2, 790 P.2d 723 (Ariz. 1990). · cites it 92× “The factual basis for the finding was that the boy had fondled the girl's breasts with her consent.”
State v. McKinney, 917 P.2d 1214 (Ariz. 1996). · cites it 6× “See A.R.S. § 13-1404. And yet attempted murder and attempted assault would be crimes of violence because "intent" is an element of the offense of attempt.”
State v. Comer, 799 P.2d 333 (Ariz. 1990). · cites it 4× “A.R.S. §§ 13-1404 and -1406. The evidence indicates that acts demonstrating lack of the victim's consent, specifically the kidnapping of Jones, occurred in Maricopa County.”
State of Arizona v. Jerry Charles Holle, 358 P.3d 639 (Ariz. Ct. App. 2015). · cites it 8× “¶ 7 The issue presented here primarily involves the interpretation of A.R.S. §§ 13-1404 and 13-1410. Our goal in interpreting statutes is to “give effect to the legislature’s intent.”
State v. Cox, 37 P.3d 437 (Ariz. Ct. App. 2002). · cites it 4× “), the age of a victim (A.R.S. § 13-1404(B) (2001)), and promoting a criminal street gang (A.”
State v. Wise, 671 P.2d 909 (Ariz. 1983). · cites it 4× “1 Wise appealed his conviction on the ground, inter alia, that he had been erroneously denied a jury instruction on sexual abuse, A.R.S. § 13-1404(A). Wise argued that he was entitled to that instruction because sexual abuse is a lesser included offense of sexual assault.”
State v. Romero, 634 P.2d 954 (Ariz. 1981). · cites it 7× “A.R.S. §§ 13-1404 and -1401(2) prohibit any fondling or manipulating of the genitals, anus, or female breast of a child under the age of fifteen years who is not the molester’s spouse.”
State v. Wise, 671 P.2d 909 (Ariz. 1983). · cites it 4× “[1] Wise appealed his conviction on the ground, inter alia, that he had been erroneously denied a jury instruction on sexual abuse, A.R.S. § 13-1404(A). Wise argued that he was entitled to that instruction because sexual abuse is a lesser included offense of sexual assault.”
State v. Aguilar, 97 P.3d 865 (Ariz. 2004). · cites it 2× “¶ 21 Arizona Revised Statutes § 13-1420(C) (2001) defines the term sexual offense as meaning any of the following: sexual abuse, A.R.S. § 13-1404 (2001); sexual conduct with a minor, id.”
State v. Superior Court, 744 P.2d 725 (Ariz. Ct. App. 1987). · cites it 10× “The real party in interest in these special actions is the defendant in a criminal case below, who is charged with one count of sexual abuse in violation of A.R.S. § 13-1404, a class 5 felony, and two counts of sexual assault in violation of A.”
Show all 125 citing cases →
Ariz. Rev. Stat. § 13-1404(A): 39 cases
State of Arizona v. Jerry Charles Holle, 379 P.3d 197 (Ariz. 2016). “The State charged Holle with sexual abuse of a minor under age fifteen, A.R.S. § 13-1404; sexual conduct with a minor, A.”
State v. Getz, 944 P.2d 503 (Ariz. 1997). “1, supra (emphasis added) (current version at A.R.S. § 13-1404 (Supp. 1996)). The term “sexual contact” referred to in section 13-1404 is defined in A.”
State v. Wise, 671 P.2d 909 (Ariz. 1983). “1 Wise appealed his conviction on the ground, inter alia, that he had been erroneously denied a jury instruction on sexual abuse, A.R.S. § 13-1404(A). Wise argued that he was entitled to that instruction because sexual abuse is a lesser included offense of sexual assault.”
State v. Wise, 671 P.2d 909 (Ariz. 1983). “[1] Wise appealed his conviction on the ground, inter alia, that he had been erroneously denied a jury instruction on sexual abuse, A.R.S. § 13-1404(A). Wise argued that he was entitled to that instruction because sexual abuse is a lesser included offense of sexual assault.”
State of Arizona v. Oscar Pena Trujillo, 462 P.3d 550 (Ariz. 2020).
Ariz. Rev. Stat. § 13-1404(B): 6 cases
State v. Cox, 37 P.3d 437 (Ariz. Ct. App. 2002). “), the age of a victim (A.R.S. § 13-1404(B) (2001)), and promoting a criminal street gang (A.”
State v. Getz, 944 P.2d 503 (Ariz. 1997). “1, supra (emphasis added) (current version at A.R.S. § 13-1404 (Supp. 1996)). The term “sexual contact” referred to in section 13-1404 is defined in A.”
State v. Williams, 854 P.2d 131 (Ariz. 1993).
State v. Serna, 857 P.2d 384 (Ariz. Ct. App. 1993).
State v. Samano, 11 P.3d 1045 (Ariz. Ct. App. 2000).
Ariz. Rev. Stat. § 13-1404(C): 1 case
State v. Wilson, No. 1 CA-CR 23-0307 (Ariz. Ct. App. June 6, 2024).
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