A. A behavioral health professional licensed pursuant to title 32, chapter 33 or a psychiatrist or psychologist licensed pursuant to title 32, chapter 13, 17 or 19.1 commits sexual misconduct by intentionally or knowingly engaging in sexual intercourse with a client who is currently under the care or supervision of the licensed behavioral health professional, psychiatrist or psychologist.

Terms Used In Arizona Laws 13-1418

  • Act: means a bodily movement. See Arizona Laws 13-105
  • Conduct: means an act or omission and its accompanying culpable mental 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
  • 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

B. Sexual misconduct by a licensed behavioral health professional, psychiatrist or psychologist is a class 6 felony.

C. This section does not apply to any act of sexual conduct that occurs between a licensed behavioral health professional, psychiatrist or psychologist and a client after the client has completed a course of treatment or if the client is not under the care of the licensed behavioral health professional, psychiatrist or psychologist.