Dangerous Crimes Against Children: A.R.S. 13-705
The state of Arizona punishes offenders who commit crimes against children more harshly than it does crimes committed against adults. Children are more vulnerable than adults and state law is designed to maintain their safety and protection.
According to A.R.S. 13-705, dangerous crimes against children, known as “DCAC,” occurs when the victim of an eligible crime was committed by an adult 18 or over, or someone tried as an adult, to a victim under the age of 15 years old. The DCAC-eligible crimes are often sex offenses but include, in full:
- Second degree murder.
- Aggravated assault resulting in serious physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument.
- Sexual assault.
- Molestation of a child.
- Sexual conduct with a minor.
- Commercial sexual exploitation of a minor.
- Sexual exploitation of a minor.
- Child abuse.
- Kidnapping.
- Sexual abuse.
- Taking a child for the purpose of prostitution.
- Child sex trafficking.
- Involving or using minors in drug offenses.
- Continuous sexual abuse of a child.
- Attempted first degree murder.
- Sex trafficking.
- Manufacturing methamphetamine under circumstances that cause physical injury to a minor.
- Bestiality.
- Luring a minor for sexual exploitation.
- Aggravated luring a minor for sexual exploitation.
- Unlawful age misrepresentation.
- Unlawful mutilation.
- Sexual extortion.
Penalties for Dangerous Crimes Against Children
A. If a person is convicted of a DCAC in the first degree involving
- commercial sexual exploitation of a minor, or
- child sex trafficking, and
- the person has previously been convicted of a dangerous crime against children in the first degree
they will be imprisoned in the custody of the state department of corrections for natural life, with no eligibility for commutation, parole, work furlough, work release or release from confinement on any basis.
B. If a person is convicted of a DCAC in the first degree involving
- sexual assault of a minor who is twelve years of age or younger, or
- sexual conduct with a minor who is twelve years of age or younger
they will be sentenced to life imprisonment. They will not be eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the sentence is commuted or they have served 35 years. *This penalty does not apply to masturbatory conduct.
If a person is convicted of these crimes in the second degree, they will be guilty of a class 3 felony and may be incarcerated for up to 15 years.
C. If a person is convicted of a DCAC in the first degree involving
- attempted first degree murder of a minor who is under twelve years of age, or
- sexual assault of a minor who is under twelve years of age, or
- sexual conduct with a minor who is under twelve years of age, or
- manufacturing methamphetamine under circumstances that cause physical injury to a minor who is under twelve years of age
they may be sentenced to life imprisonment. They will not be eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the sentence is commuted or they have served 35 years.
If the offender is not sentenced to life imprisonment, they may be incarcerated for up to 27 years.
If a person is convicted of these crimes in the second degree, they will be guilty of a class 3 felony and may be incarcerated for up to 15 years.
D. If a person is convicted of a DCAC in the first degree involving
- second degree murder of a minor who is under fifteen years of age
they may be sentenced to life imprisonment with no eligibility for suspension of sentence, probation, pardon or release from confinement on any basis until the sentence is commuted or they have served 35 years.
If the offender is not sentenced to life imprisonment, they may be incarcerated for up to 35 years.
E. If a person is convicted of a DCAC in the first degree involving
- attempted first degree murder of a minor who is twelve, thirteen or fourteen years of age, or
- sexual assault of a minor who is twelve, thirteen or fourteen years of age, or
- taking a child for the purpose of prostitution, child sex trafficking, commercial sexual exploitation of a minor, or
- sexual conduct with a minor who is twelve, thirteen or fourteen years of age, or
- manufacturing methamphetamine under circumstances that cause physical injury to a minor who is twelve, thirteen or fourteen years of age, or
- involving or using minors in drug offenses
they will be incarcerated. First-time offenders may be incarcerated for up to 27 years, while offenders with previous convictions may be incarcerated for up to 37 years.
If a person is convicted of these crimes in the second degree, they will be guilty of a class 3 felony and may be incarcerated for up to 15 years.
F. If a person is convicted of a DCAC in the first degree involving
- aggravated assault, or
- unlawful mutilation, or
- molestation of a child, or
- sexual exploitation of a minor, or
- aggravated luring a minor for sexual exploitation, or
- child abuse, or
- kidnapping
they will be incarcerated. First-time offenders may be incarcerated for up to 24 years, while offenders with previous convictions may be incarcerated for up to 35 years. If a person is convicted of these crimes in the second degree, they will be guilty of a class 3 felony and may be incarcerated for up to 15 years.
G. If a person is convicted of a DCAC involving
- luring a minor for sexual exploitation, or
- sexual extortion, or
- unlawful age misrepresentation
they may be incarcerated, with strict requirements determining release from confinement. First time offenders may face incarceration of up to 15 years, while those with a predicate felony conviction may be incarcerated for up to 22 years.
H. If a person is convicted of a DCAC involving
- sexual abuse, or
- bestiality
they may be incarcerated to a term of up to 7.5 years for first-time offenders and 22 years for those with a predicate felony conviction.
I. If a person is convicted of a DCAC in the first degree involving
- continuous sexual abuse of a child
they will be incarcerated to a maximum term of 81 years for first-time offenders or 111 years for those with a predicate felony conviction.
If a person is convicted of this crime in the second degree, they will be guilty of a class 3 felony and may be incarcerated for up to 15 years.
*Predicate felonies are those which involve child abuse, sexual offense, conduct involving the intentional or knowing infliction of serious physical injury, the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument, or a dangerous crime against children in the first or second degree.
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