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

Ariz. Rev. Stat. § 13-1409 (2026)

Unlawful sexual conduct; adult probation department employees; juvenile court employees; classification; definitions

✓ current as of May 2026
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13-1409. Unlawful sexual conduct; adult probation department employees; juvenile court employees; classification; definitions

A. An adult probation department employee or juvenile court employee commits unlawful sexual conduct if the employee knowingly coerces the victim to engage in sexual contact, oral sexual contact or sexual intercourse by either:

1. Threatening to negatively influence the victim's supervision or release status.

2. Offering to positively influence the victim's supervision or release status.

B. Unlawful sexual conduct with a victim who is under fifteen years of age is a class 2 felony.  Unlawful sexual conduct with a victim who is at least fifteen years of age and under eighteen years of age is a class 3 felony.  All other unlawful sexual conduct is a class 5 felony.

C. For the purposes of this section:

1. "Adult probation department employee or juvenile court employee" means an employee of an adult probation department or the juvenile court who either:

(a) Through the course of employment, directly provides treatment, care, control or supervision to a victim.

(b) Provides presentence or predisposition reports directly to a court regarding the victim.

2. "Victim" means a person who is either of the following:

(a) Subject to conditions of release or supervision by a court.

(b) A minor who has been referred to the juvenile court.

 

Notes of Decisions
Cited in 7 cases, 1964–2001 · leading case: Marriage of Higgins v. Higgins, 981 P.2d 134 (Ariz. Ct. App. 1999).
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Marriage of Higgins v. Higgins, 981 P.2d 134 (Ariz. Ct. App. 1999). · cites it 2× “§ 13-1409. Open and notorious cohabitation or adultery; classification A person who lives in a state of open and notorious cohabitation or adultery is guilty of a class 3 misdemeanor.”
State v. Watkins, 614 P.2d 835 (Ariz. 1980). · cites it 2× “Apparently, the Arizona Legislature would disagree with this assumption.”
State v. Sorrell, 388 P.2d 429 (Ariz. 1964). · cites it 2× “Lipnick fully complied with A.R.S. § 13-1409 which provides: “A private person when making an arrest shall inform the person to be arrested of the intention to arrest him and the cause of the arrest, unless he is then engaged in the commission of an offense, or is pursued…”
State v. McCuin, 808 P.2d 332 (Ariz. Ct. App. 1991). · cites it 2× “I do not believe, however, that this purpose is served when registration is applied to crimes classified as class 3 misdemeanors, such as adultery, § 13-1408; open and notorious cohabitation, § 13-1409; lewd and lascivious acts, § 13-1412; and the infamous crime against nature,…”
State v. Gill, 11 P.3d 1043 (Ariz. Ct. App. 2000). · cites it 2× “A.R.S. §§ 13-1409 (1989), -1410, -1411, -1412 (Supp.”
Carroll v. Lee, 712 P.2d 934 (Ariz. Ct. App. 1985). · cites it 2× “Such an agreement and the mutual promises which make it up can be separated from any otherwise illegal arrangement (see A.R.S. § 13-1409) and it thus becomes enforceable.”
Irizarry, Milagros v. Bd Educ City Chicago, 251 F.3d 604 (7th Cir. 2001). “, Ariz.Rev.Stat.Ann. § 13-1409; Mich.Comp. Laws Ann.”
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