13-1406. Sexual assault; classification; increased punishment
A. A person commits sexual assault by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent of such person.
B. Sexual assault is a class 2 felony, and the person convicted shall be sentenced pursuant to this section and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served or commuted. If the victim is under fifteen years of age, sexual assault is punishable pursuant to section 13-705. The presumptive term may be aggravated or mitigated within the range under this section pursuant to section 13-701, subsections C, D and E. If the sexual assault involved the intentional or knowing administration of flunitrazepam, gamma hydroxy butyrate or ketamine hydrochloride without the victim's knowledge, the presumptive, minimum and maximum sentence for the offense shall be increased by three years. The additional sentence imposed pursuant to this subsection is in addition to any enhanced sentence that may be applicable. The term for a first offense is as follows:
Minimum Presumptive Maximum
5.25 years 7 years 14 years
The term for a defendant who has one historical prior felony conviction is as follows:
Minimum Presumptive Maximum
7 years 10.5 years 21 years
The term for a defendant who has two or more historical prior felony convictions is as follows:
Minimum Presumptive Maximum
14 years 15.75 years 28 years
C. The sentence imposed on a person for a sexual assault shall be consecutive to any other sexual assault sentence imposed on the person at any time.
D. Notwithstanding section 13-703, section 13-704, section 13-705, section 13-706, subsection A and section 13-708, subsection D, if the sexual assault involved the intentional or knowing infliction of serious physical injury, the person may be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until at least twenty-five years have been served or the sentence is commuted. If the person was at least eighteen years of age and the victim was twelve years of age or younger, the person shall be sentenced pursuant to section 13-705.
Notes of Decisions
Cited in
168
cases (
12 in the last 5 years), 1980–2026 · leading case:
State v. Tarango, 914 P.2d 1300 (Ariz. 1996).
State v. Tarango, 914 P.2d 1300 (Ariz. 1996).
· cites it 20× “The opinion of the court of appeals in this case conflicts with an earlier opinion of that court which held that a defendant sentenced in a similar manner was not parole eligible under former A.R.S. § 13-1406(B). State v. Behl, 160 Ariz.”
State v. Kuntz, 100 P.3d 26 (Ariz. Ct. App. 2004).
· cites it 21× “According to the State, Kuntz was required to register as a sex offender because he was convicted of the Minnesota offense, which, if committed in Arizona, would have constituted sexual assault in violation of A.R.S. § 13-1406, a listed offense. See A.”
State v. Barraza, 104 P.3d 172 (Ariz. Ct. App. 2005).
· cites it 11× “In this case, Barraza seeks to expand the scope of § 13-411 beyond the facts in Garfield to encompass her assault on the resident of the home on the theory that she was preventing a sexual assault pursuant to A.R.S. § 13-1406 (2001), which is one of the enumerated crimes in the…”
State v. Bortz, 821 P.2d 236 (Ariz. Ct. App. 1991).
· cites it 6× “In exchange for the state’s promise to dismiss the allegations of dangerousness and three of the felonies, petitioner agreed to plead guilty to sexual assault, in violation of former A.R.S. § 13-1406. The trial court accepted petitioner’s plea, 1 and sentenced petitioner to an…”
State v. Berger, 134 P.3d 378 (Ariz. 2006).
· cites it 4× “See A.R.S. §§ 13-1406(B) (2001) (seven years for rape), 13-1204(B), -701(C)(2) (2001) (3.”
State v. Davis, 79 P.3d 64 (Ariz. 2003).
· cites it 4× “§ 13-1304 (2001), sexual assault of a victim older than fifteen, A.R.S. § 13-1406 (2001), first degree burglary of a residential structure, A.”
State v. Lambright, 673 P.2d 1 (Ariz. 1983).
· cites it 6× “§ 13-1304(A)(3), and sexual assault, A.R.S. § 13-1406. In addition, the kidnapping and sexual assault were found to have been dangerous felonies, involving the infliction of serious physical injury, A.”
State v. McKinney, 917 P.2d 1214 (Ariz. 1996).
· cites it 6× “2d 1152, 1207 (1993); see A.R.S. § 13-1406. Sexual Abuse would not be a crime of violence.”
State of Arizona v. Joel Randu Escalante-Orozco, 386 P.3d 798 (Ariz. 2017).
· cites it 2× “” A.R.S. § 13-1406(A). As charged here, Escalante-Orozco engaged in “sexual intercourse” if he penetrated Maria’s vulva with any part of his body or with any object.”
State v. Behl, 774 P.2d 831 (Ariz. Ct. App. 1989).
· cites it 12× “The only issue raised in this appeal is whether the defendant’s eighteen-year sentence must be served without possibility of parole (flat time) in accordance with A.R.S. § 13-1406(B) or whether the defendant is eligible for parole after serving two-thirds of the sentence in…”
State v. Greene, 898 P.2d 954 (Ariz. 1995).
· cites it 12× “A.R.S. § 13-1406. The victim was not seriously physically injured, as that term is defined by statute, by the sexual assaults.”
State v. Aguilar, 97 P.3d 865 (Ariz. 2004).
· cites it 3× “§ 13-1406 (2001); sexual assault of a spouse, id.”
— Ariz. Rev. Stat. § 13-1406(A) — 54 cases
State v. Kuntz, 100 P.3d 26 (Ariz. Ct. App. 2004).
“According to the State, Kuntz was required to register as a sex offender because he was convicted of the Minnesota offense, which, if committed in Arizona, would have constituted sexual assault in violation of A.R.S. § 13-1406, a listed offense. See A.”
State of Arizona v. Joel Randu Escalante-Orozco, 386 P.3d 798 (Ariz. 2017).
“” A.R.S. § 13-1406(A). As charged here, Escalante-Orozco engaged in “sexual intercourse” if he penetrated Maria’s vulva with any part of his body or with any object.”
— Ariz. Rev. Stat. § 13-1406(B) — 17 cases
State v. Tarango, 914 P.2d 1300 (Ariz. 1996).
“The opinion of the court of appeals in this case conflicts with an earlier opinion of that court which held that a defendant sentenced in a similar manner was not parole eligible under former A.R.S. § 13-1406(B). State v. Behl, 160 Ariz.”
State v. Berger, 134 P.3d 378 (Ariz. 2006).
“See A.R.S. §§ 13-1406(B) (2001) (seven years for rape), 13-1204(B), -701(C)(2) (2001) (3.”
State v. Behl, 774 P.2d 831 (Ariz. Ct. App. 1989).
“The only issue raised in this appeal is whether the defendant’s eighteen-year sentence must be served without possibility of parole (flat time) in accordance with A.R.S. § 13-1406(B) or whether the defendant is eligible for parole after serving two-thirds of the sentence in…”
— Ariz. Rev. Stat. § 13-1406(C) — 2 cases
State v. Greene, 898 P.2d 954 (Ariz. 1995).
“A.R.S. § 13-1406. The victim was not seriously physically injured, as that term is defined by statute, by the sexual assaults.”
— Ariz. Rev. Stat. § 13-1406(D) — 1 case
— Ariz. Rev. Stat. § 13-1406(E) — 1 case
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