Phoenix Unlawful Sexual Conduct Lawyer

Defending Police Officers, Correctional Officers, Probation Officers, Prison Workers, Court Employees, and More

Unlawful sexual conduct charges can threaten your freedom, career, reputation, and future. These cases often involve allegations against peace officers, correctional employees, probation employees, juvenile court employees, contractors, or others accused of sexual conduct involving someone in custody, under supervision, or subject to investigation.

If you were arrested, placed on leave, contacted by investigators, served with a warrant, or accused in an internal agency matter, involve defense counsel immediately. At MayesTelles, we defend sex crime allegations across Arizona. 

Why Accused Professionals Turn to MayesTelles

MayesTelles is trusted across Arizona for defense representation in unlawful sexual conduct cases.

• Arizona’s #1 Criminal Defense Firm by Ranking Arizona for seven consecutive years. 
• 200+ years of combined experience defending criminal cases across Arizona. 
• Former prosecutors and law enforcement who understand how investigations are built.
• More than 1,000 acquittals and case dismissals secured for our clients. 

What Is Unlawful Sexual Conduct in Arizona?

Arizona has several unlawful sexual conduct statutes that apply to specific people in positions of authority, custody, or supervision. These laws do not all cover the same conduct, but they share a central theme: a person is accused of engaging in sexual conduct with someone who was subject to their authority or institutional control.

The three Arizona unlawful sexual conduct statutes are:

• A.R.S. 13-1412: Unlawful sexual conduct by peace officers
• A.R.S. 13-1419: Unlawful sexual conduct in correctional facilities
• A.R.S. 13-1409: Unlawful sexual conduct by adult probation department employees or juvenile court employees

Unlawful Sexual Conduct by Peace Officers/Law Enforcement

Under A.R.S. § 13-1412, a peace officer commits unlawful sexual conduct by knowingly engaging in sexual contact, oral sexual contact, or sexual intercourse with a person who is in the officer’s custody or with a person the officer knows or has reason to know is the subject of an investigation. 

The statute classifies the offense based on the alleged victim’s age: Class 2 felony if the victim is under 15, Class 3 felony if the victim is at least 15 but under 18, and Class 5 felony in all other cases. 

The statute includes important limitations. It does not apply to touching that occurs during a lawful search, and it does not apply to an officer who is married to or in a romantic or sexual relationship with the person at the time of the arrest or investigation. 

The statute also defines “custody” broadly to include actual or constructive restraint during an on-site arrest, a court order, or contact where a reasonable person would not feel free to leave. 

Defense issues may include:

• Whether the person was legally in “custody” 
• Whether the person was actually the subject of an investigation 
• Whether the accused knew or had reason to know that status 
• Whether the alleged conduct occurred during a lawful search 
• Whether a romantic or sexual relationship exception may apply 
• Whether bodycam, dispatch records, reports, texts, or witness statements support the allegation 

Unlawful Sexual Conduct in Correctional Facilities

A.R.S. § 13-1419 applies to certain people connected to prisons, jails, juvenile detention facilities, private prison facilities, or correctional agencies. The statute covers employees, contractors, official visitors, volunteers, and agency representatives who intentionally or knowingly engage in an act of a sexual nature with an offender who is in custody or under supervision.

The statute defines “any act of a sexual nature” broadly. It may include sexual contact, exposure, requests for sexual contact, certain threats, or photographing, filming, digitally recording, or viewing an offender in a state of undress when done with sexual intent. Conduct performed during a bona fide medical exam or lawful internal search is excluded.

Unlawful Sexual Conduct by Adult Probation or Juvenile Court Employees

A.R.S. § 13-1409 applies to adult probation department employees and juvenile court employees who knowingly coerce a person into sexual contact, oral sexual contact, or sexual intercourse by using their authority over supervision, release status, treatment, care, control, or court reporting.

The statute focuses on coercion through authority. Prosecutors may allege that the accused threatened to negatively influence a person’s supervision or release status, or offered to positively influence that status, in exchange for sexual conduct.

These cases often depend on what was said, what authority the accused had, whether any threat or promise was made, and whether records, messages, reports, or witness statements support the allegation.

Penalties for Unlawful Sexual Conduct in Arizona

Penalties depend on the statute charged, the alleged victim’s age, the setting, and whether additional charges are filed. Across these statutes, unlawful sexual conduct may be classified as:

• Class 2 felony if the alleged victim or offender is under 15 
• Class 3 felony if the alleged victim or offender is 15 to 17 
• Class 5 felony in other qualifying cases 

For first-time felony offenders, Arizona’s general sentencing ranges include:

• Class 2 felony: 3 to 12.5 years in prison, with a presumptive term of 5 years 
• Class 3 felony: 2 to 8.75 years in prison, with a presumptive term of 3.5 years 
• Class 5 felony: 6 months to 2.5 years in prison, with a presumptive term of 1.5 years 

Sentencing exposure may increase if the State alleges prior felony convictions, Dangerous Crimes Against Children enhancements, related sex crime charges, or other aggravating facts. A conviction may also affect employment, law enforcement certification, security clearance, professional licensing, immigration status, and more.

How These Cases Are Built

Unlawful sexual conduct investigations may involve both criminal and internal agency processes. A person may first learn about the allegation through an IA interview, administrative leave notice, detective call, agency complaint, facility report, search warrant, or request for an interview.

Your defense team can examine:

• Whether the accused was pressured into making statements 
• Whether employment records, logs, bodycam, facility video, or reports support the allegation 
• Whether messages, phone records, or social media communications are complete and authentic 
• Whether the complaining witness has credibility issues, motive, or inconsistent statements 
• Whether agency policy violations are being treated as criminal proof 

These cases can threaten both liberty and career. Early defense involvement can help protect statements, address warrant issues, preserve favorable records, and manage the overlap between criminal and employment consequences.

Call 24/7 to Get Started on Your Defense

If you were arrested, charged, placed on leave, served with a warrant, or contacted by investigators, our Phoenix unlawful sexual conduct defense attorneys at MayesTelles are here to help. These cases demand an immediate plan of action and a seasoned defense team with the skill and experience to fight these accusations head-on.

Call (602) 428-7104 to speak with an unlawful sexual conduct lawyer at our firm for free.