A. In this chapter, unless the context otherwise requires:

Terms Used In Arizona Laws 13-1401

  • Act: means a bodily movement. See Arizona Laws 13-105
  • Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
  • Conduct: means an act or omission and its accompanying culpable mental state. See Arizona Laws 13-105
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • mental defect: means the victim is unable to comprehend the distinctively sexual nature of the conduct or is incapable of understanding or exercising the right to refuse to engage in the conduct with another. See Arizona Laws 13-1401
  • Minor: means a person under the age of eighteen years. See Arizona Laws 1-215
  • Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
  • Property: means anything of value, tangible or intangible. See Arizona Laws 13-105
  • Spouse: means a person who is legally married and cohabiting. See Arizona Laws 13-1401
  • Teacher: means a certificated teacher as defined in section 15-501 or any other person who provides instruction to pupils in any school district, charter school or accommodation school, the Arizona state schools for the deaf and the blind or a private school in this state. See Arizona Laws 13-1401

1. "Oral sexual contact" means oral contact with the penis, vulva or anus.

2. "Position of trust" means a person who is or was any of the following:

(a) The minor‘s parent, stepparent, adoptive parent, legal guardian or foster parent.

(b) The minor’s teacher.

(c) The minor’s coach or instructor, whether the coach or instructor is an employee or volunteer.

(d) The minor’s clergyman or priest.

(e) Engaged in a sexual or romantic relationship with the minor’s parent, adoptive parent, legal guardian, foster parent or stepparent.

3. "Sexual contact":

(a) Means 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.

(b) Does not include direct or indirect touching or manipulating during caretaking responsibilities, or interactions with a minor or vulnerable adult that an objective, reasonable person would recognize as normal and reasonable under the circumstances.

4. "Sexual intercourse" means penetration into the penis, vulva or anus by any part of the body or by any object or masturbatory contact with the penis or vulva.

5. "Spouse" means a person who is legally married and cohabiting.

6. "Teacher" means a certificated teacher as defined in section 15-501 or any other person who provides instruction to pupils in any school district, charter school or accommodation school, the Arizona state schools for the deaf and the blind or a private school in this state.

7. "Without consent" includes any of the following:

(a) The victim is coerced by the immediate use or threatened use of force against a person or property.

(b) The victim is incapable of consent by reason of mental disorder, mental defect, drugs, alcohol, sleep or any other similar impairment of cognition and such condition is known or should have reasonably been known to the defendant. For the purposes of this subdivision, "mental defect" means the victim is unable to comprehend the distinctively sexual nature of the conduct or is incapable of understanding or exercising the right to refuse to engage in the conduct with another.

(c) The victim is intentionally deceived as to the nature of the act.

(d) The victim is intentionally deceived to erroneously believe that the person is the victim’s spouse.

B. The following factors may be considered in determining whether a relationship is currently or was previously a sexual or romantic relationship pursuant to subsection A, paragraph 2, subdivision (e) of this section:

1. The type of relationship.

2. The length of the relationship.

3. The frequency of the interaction between the two persons.

4. If the relationship has terminated, the length of time since the termination.