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

Terms Used In Arizona Laws 13-1412

  • Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
  • Arrest: Taking physical custody of a person by lawful authority.
  • 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.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Felony: means an offense for which a sentence to a term of imprisonment in the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
  • Knowingly: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 13-105
  • Oral sexual contact: means oral contact with the penis, vulva or anus. See Arizona Laws 13-1401
  • Peace officer: means any person vested by law with a duty to maintain public order and make arrests and includes a constable. See Arizona Laws 13-105
  • 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
  • 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. See Arizona Laws 13-1401
  • Unlawful: means contrary to law or, where the context so requires, not permitted by law. See Arizona Laws 13-105

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 but less than eighteen years of age is a class 3 felony.  All other unlawful sexual conduct is a class 5 felony.

C. This section does not apply to either of the following:

1. Any direct or indirect touching or manipulating of the genitals, anus or female breast that occurs during a lawful search.

2. An officer who is married to or who is in a romantic or sexual relationship with the person at the time of the arrest or investigation.  The following factors may be considered in determining whether the relationship between the victim and the defendant is currently a romantic or sexual relationship:

(a) The type of relationship.

(b) The length of the relationship.

(c) The frequency of the interaction between the victim and the defendant.

(d) If the relationship has terminated, the length of time since the termination.

D. For the purposes of this section:

1. "Custody" includes the imposition of actual or constructive restraint pursuant to an on-site arrest, a court order or any contact in which a reasonable person would not feel free to leave.  Custody does not include detention in a correctional facility, a juvenile detention facility or a state hospital.

2. "Peace officer" has the same meaning prescribed in section 1-215 but does not include adult or juvenile corrections or detention officers.