Arizona Revised Statutes

Ariz. Rev. Stat. § 13-1410 (2026)

Molestation of a child; classification

✓ current as of May 2026
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A. A person commits molestation of a child by intentionally or knowingly engaging in or causing a person to engage in sexual contact, except sexual contact with the female breast, with a child who is under fifteen years of age.

B. Molestation of a child is a class 2 felony that is punishable pursuant to section 13-705.

 

Notes of Decisions
Cited in 195 cases (37 in the last 5 years), 1979–2026 · leading case: State of Arizona v. Jerry Charles Holle, 379 P.3d 197 (Ariz. 2016).
State of Arizona v. Jerry Charles Holle, 379 P.3d 197 (Ariz. 2016). · cites it 12× “§ 13-1405; and child molestation, A.R.S. § 13-1410. ¶3 Before trial, Holle asked the court to instruct the jury that the State must prove beyond a reasonable doubt sexual motivation as an element of the sexual abuse and child molestation charges.”
May v. Ryan, 245 F. Supp. 3d 1145 (D. Ariz. 2017). · cites it 11× “” Ariz. Rev. Stat. § 13-1410 (A) (2009). “Sexual contact” is defined as “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.”
State v. Simpson, 173 P.3d 1027 (Ariz. Ct. App. 2007). · cites it 17× “¶ 17 The elements of the crime of child molestation are set forth in A.R.S. § 13-1410. See In re Jerry C., 214 Ariz.”
State v. Ault, 724 P.2d 545 (Ariz. 1986). · cites it 8× “§ 13-1507, and child molestation, A.R.S. § 13-1410. The state alleged prior convictions for six offenses from the State of California.”
In Re Pima Cnty. Juv. Appeal No. 74802-2, 790 P.2d 723 (Ariz. 1990). · cites it 10× “§ 13-653 (the precedessor of A.R.S. § 13-1410) which provided in pertinent part: "A person who molests a child under the age of fifteen years by fondling, playing with, or touching the private parts of such child .”
State v. Hamilton, 868 P.2d 986 (Ariz. Ct. App. 1993). · cites it 11× “These three counts were charged under A.R.S. § 13-1410 which, prior to September 1990, provided: A person who knowingly molests a child under the age of fifteen years by directly or indirectly touching the private parts of such child or who causes a child under the age of…”
State v. Romero, 634 P.2d 954 (Ariz. 1981). · cites it 12× “GORDON, Justice: Appellant Clarence Albert Romero was convicted by a jury of child molestation, a class 2 felony, in violation of A.R.S. § 13-1410. 1 The trial court sentenced appellant to seven years, the presumptive sentence under A.”
State of Arizona v. Angelino Paolo Buccheri-Bianca, 312 P.3d 123 (Ariz. Ct. App. 2013). · cites it 4× “Because the offense of child molestation does not include an element of location, see A.R.S. § 13-1410(A), changing the location where the conduct was alleged to have occurred did not change the elements necessary to prove the crime and therefore did not change the nature of the…”
State v. Pennington, 717 P.2d 471 (Ariz. Ct. App. 1985). · cites it 11× “Albert Leroy Pennington, accused in 1985 of molesting his six-year-old great-granddaughter in 1984 by rubbing her genitalia through her clothing, successfully argued to the trial court that his conduct was not a violation of A.R.S. § 13-1410. Appealing from the order of…”
State v. Getz, 944 P.2d 503 (Ariz. 1997). · cites it 7× “4, supra (current version at A.R.S. § 13-1410 (Supp.1996)) (Molesting a child under the age of fourteen by directly or indirectly touching the private parts of such child or causing the child to touch the private parts of the person is a class two felony.”
State v. Ramsey, 124 P.3d 756 (Ariz. Ct. App. 2005). · cites it 3× “¶ 10 Ramsey also argues Spencer “is a case exactly on point,” “mirror[s] exactly the problems with [his] indictment,” and required the state to “charg[e] the three or more predicate offenses [in § 13-1417] separately” and to “prove[ ] [each] as a mandatory element before [he]…”
State v. Shattuck, 684 P.2d 154 (Ariz. 1984). · cites it 2× “William George Shattuck (defendant) pled guilty to one count of sexual conduct with a minor under 15 (see A.R.S. § 13-1410) (a class 2 felony) and one count of sexual conduct with a minor under 18 (see A.”
— Ariz. Rev. Stat. § 13-1410(A) — 43 cases
State of Arizona v. Jerry Charles Holle, 379 P.3d 197 (Ariz. 2016). “§ 13-1405; and child molestation, A.R.S. § 13-1410. ¶3 Before trial, Holle asked the court to instruct the jury that the State must prove beyond a reasonable doubt sexual motivation as an element of the sexual abuse and child molestation charges.”
State of Arizona v. Angelino Paolo Buccheri-Bianca, 312 P.3d 123 (Ariz. Ct. App. 2013). “Because the offense of child molestation does not include an element of location, see A.R.S. § 13-1410(A), changing the location where the conduct was alleged to have occurred did not change the elements necessary to prove the crime and therefore did not change the nature of the…”
State v. Ortega, 206 P.3d 769 (Ariz. Ct. App. 2008).
May v. Ryan, 245 F. Supp. 3d 1145 (D. Ariz. 2017). “” Ariz. Rev. Stat. § 13-1410 (A) (2009). “Sexual contact” is defined as “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.”
State v. Ruggiero, 120 P.3d 690 (Ariz. Ct. App. 2005).
— Ariz. Rev. Stat. § 13-1410(A)(B) — 2 cases
State of Arizona v. Justin Alexander Copeland, 509 P.3d 412 (Ariz. Ct. App. 2022).
— Ariz. Rev. Stat. § 13-1410(B) — 1 case
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