Assault, Domestic Violence and Sex Crimes
Note: The law office of Michael Terribile offers the following information as a general description of acts that Arizona laws are designed to address. This list does not include every act that would violate the laws of Arizona, but is provided as a sampling of those acts. The descriptions are not intended as legal definitions of the crimes. Additionally, laws differ from state to state. Contact Mr. Terribile, an experienced criminal defense lawyer, to address any questions about acts that could be prosecuted as criminal offenses.
Endangerment is the reckless endangerment of another person under circumstances that create a substantial risk of imminent death or physical injury.
Threatening or intimidating is the act of:
- threatening or intimidating, by word or conduct, to cause physical injury to another person or serious property damage.
- causing serious public inconvenience, such as the evacuation of a building.
- causing physical injury or property damage for some reason connected to a criminal street gang.
Assault is the act of:
- physically injuring another person, intentionally, knowingly, or recklessly.
- placing another person in reasonable fear of immediate physical injury.
- knowingly touching another person with the intention of injuring, insulting, or provoking that person.
Aggravated Assault is the commission of any of the above described assaults with an added element. For instance:
- causing serious physical injury.
- the use of a deadly weapon or dangerous instrument.
- assaulting a person whose ability to protect themselves is substantially impaired.
- committing the assault in the home of the person assaulted.
- while 18 years old, or older and assaulting a person 15 years old, or younger.
- assaulting a person known to be a peace officer, constable, firefighter [or related professional] while they are engaged in their official duties.
- assaulting a teacher, or other school personnel, on school grounds.
- assaulting a health care provider while engaged in professional duties.
- assaulting a prosecutor. [note criminal defense attorneys are not similarly valued by the law makers of our state]
These are all felonies a varying seriousness.
Drive by Shooting is the act of discharging a weapon from a motor vehicle at a person or occupied motor vehicle or structure. [Think house, apartment, store, church, hospital.]
Assaults involving the use of deadly weapons or dangerous instruments. Guns, knives, cars, pipes, rocks, and clubs of any kind are considered dangerous offenses and carry with them mandatory prison sentences.
Harassment is the act of contacting or communicating with someone with the intent of harassing them or knowing that such communication or contact is harassing. Other ways of committing this crime include: continuing to follow someone after being asked to stop; repeatedly commiting any act that is harassing to someone; making more than one false report to a law enforcement agency, credit or social service agency; interfering with the delivery of a public utility. It also can be committed by filing a lien against public officers or employees under certain circumstances.
Aggravated harassment is the act of committing harassment in violation of a valid order of protection that has been served or if the person charged with harassment has been convicted of domestic violence.
Stalking is the act of doing anything that would cause a reasonable person to fear for their safety or the safety of an immediate family member.
Indecent exposure is the act of revealing certain body parts [think genitals, anus, the female nipple or areola] in the presence of another person under circumstances where the other person would reasonably be offended. [Note – In the last few years Arizona has created an exception to allow breast feeding by a mother].
Public sexual indecency is the act of intentionally or knowingly engaging in any of a number of sexual acts in the presence of another person who would reasonably be offended or alarmed by the act. [Think any direct or indirect touching of the genitals, anus, female breast, oral contact with certain body parts, the penetration of certain body parts, or the act of masturbating].
Sexual Abuse is the act of intentionally or knowingly touching, directly or indirectly, certain parts of the body, or the act of masturbating somebody without the consent of that person.
Under law, a person under the age of 15 is considered to be incapable of consenting to such acts. The one exception is contact with the female breast. The law considers a female under the age of 15 capable of consenting to this act.
Sexual conduct with a minor is the act of having intercourse or oral sex with a person under the age of 18.
Sexual assault is the act of having sexual intercourse or oral sex with a person who has not consented to these acts.
Molestation of a child is the act of having sexual contact [except touching the breast] with a child under the age of 15.
If any of the above crimes involved the use of a deadly weapon or dangerous instrument, or resulted in serious physical injury, and the offender has a prior conviction for a similar act, the matter will be treated as a Violent Sexual Assault.
Production, publication, sale, possession, and presentation of obscene items is the act of producing or reproducing any obscene item for sale or commercial distribution.
This crime can be committed by distributing, importing, or sending into the state an obscene item for sale or commercial distribution, or exhibiting an obscene item, or offering to do any such things.
This crime can be committed by possessing with the intent to lend, transport, or commercially distribute an obscene item.
This crime also can be committed by presenting or participating in the presentation of a live or recorded exhibited performance of any obscene item to an audience for consideration or commercial purpose.
Duty to report requires that any person who is asked to record, film photograph develop or copy any visual or print depicting sexual activity, whether compensated or not, to immediately report such request to a peace officer. The report must include the name or names of the people or business that made the request and a description of the request.
Commercial exploitation of children is the act of employing, inducing, or coercing a minor to take part in sexual conduct for the purpose of producing any visual depiction or live act.
This crime can be committed by employing, inducing, or coercing a minor to expose certain body parts for financial or commercial gain.
This crime can be committed by permitting a minor under one’s custody or control to engage in any of the above acts.
This crime also can be committed by transporting or facilitating the transportation of any minor with the intent that the minor engage in prostitution or sexual conduct for the purpose of producing a visual depiction of that conduct.
Luring a minor for sexual exploitation is the act of offering or soliciting sexual conduct with another person knowing or believing that the other person is a minor.
Aggravated luring of a minor for sexual exploitation is the act using an electronic device to transmit a visual depiction of material that is harmful to minors for the purpose of engaging in communication with a minor.
Domestic violence is the act of committing [among other acts] any assault, custodial interference, unlawful imprisonment or kidnapping, criminal trespass, criminal damage, disorderly conduct, certain crimes against public order, or harassment, in a situation where the relationship between victim and the defendant is one of marriage or former marriage, or residing, or formerly residing in the same household.
It applies to situations where the victim and the defendant have a child in common, or one is pregnant by the other.
It applies to situations where the victim is related to the defendant or the defendant’s spouse in other ways by blood or court order.
If probable cause exists to support the arrest, a peace officer need not have a warrant to make an arrest for such crime.
Aggravated domestic violence occurs when a person, within 84 months, commits a third or subsequent violation of a domestic violence offense or is convicted of a domestic violence offense and previously has been convicted of any combination of a domestic violence offense.
Child or vulnerable adult abuse; emotional abuse is the act of causing any child or vulnerable adult, a physical injury, or permitting the health of such person to be harmed, or placing a vulnerable child or adult in a situation where health or safety is endangered.
Enticement of persons for purpose of prostitution is the act of encouraging another person to enter into a house of prostitution, or anywhere else, for the purpose of engaging in prostitution.
Procuring or placing persons in house of prostitution is the act of receiving a benefit in return for procuring or placing in a house of prostitution, or anywhere else, any person for the purpose of prostitution.
Receiving earnings of a prostitute is the act of receiving money or any other thing of value from the earnings of a prostitute.
Causing a spouse become a prostitute is the act of causing one’s spouse to live in a house of prostitution or lead a life of prostitution by force, fraud, or intimidation.
Taking a child for purpose of prostitution is the act of taking, from a legal guardian, a minor for the purpose of prostitution.
Detention of persons in house of prostitution for debt is the act of keeping any person in a house of prostitution because of a debt that person has incurred or is said to have incurred.
Keeping or residing in a house of prostitution is the act of operating or maintaining a house of prostitution, or being employed in a house of prostitution or prostitution enterprise.
Pandering is the act of putting a person in charge of any other person for purposes of prostitution; places any other person in a house of prostitution with the intent that such person lead a life of prostitution; or compels another person to lead a life of prostitution.
Transporting another person for purposes of prostitution is the act of transporting by any means any other person for the purpose of prostitution or other immoral purpose.
Child prostitution is the act of causing a minor to engage in prostitution; or using a minor for the purpose of prostitution; or allowing a minor who is under control to engage in prostitution; or receiving a benefit in return for placing a minor in the custody of anyone for the purpose of prostitution; transporting a minor for the purpose of prostitution; or engaging in prostitution with a minor.
Prostitution is the act of agreeing or offering to, engage in sexual conduct, in return for money or other valuable thing.