What is the legal Age of Consent in Arizona?
The legal Age of Consent in Arizona is 18. The definition of “Age of Consent” in Arizona is when a person may legally consent to engage in sexual activity with another person. Arizona Criminal Code states that once a person becomes 18 years of age they are capable to give consent for sexual activity with another person.
Arizona Revised Statutes Title 13. Criminal Code § 13-1405 defines the legal Age of Consent in Arizona (A.R.S. § 13-1405 Sexual conduct with a minor; classification). A person commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person who is under 18 years of age.
Marriage Exception: Arizona does have a marriage exception (A.R.S. § 25-102 Consent required for marriage of minors). A person can marry at 16, as long as their spouse is 3 years older or less, and 1) a legal parent/guardian consents, or 2) they are legally emancipated.
Once a person is no longer under the age of 18 they are considered in Arizona to be capable of giving consent for sexual activity. If you have any questions about the legal the legal Age of Consent in Arizona, please call 602-888-8000 and talk to one of the Sex Crimes Lawyers at Dunham & Jones.
Age of Consent Outside Arizona
Beware, not all states share the same age of consent as Arizona. Neighboring states California, Utah, and Colorado’s age of consent is also 18, but Colorado and New Mexico’s age of consent is 17, and Nevada’s age of consent is 16. The age of consent can range from 14 to 18 years of age across the United States. Some states have special rules if one of the persons is over the legal age of consent, but under 21.
The legal Age of Consent for states bordering Arizona:
- California: 18 – The age of consent in California is 18. It’s illegal for anyone to engage in sexual intercourse with a minor (someone under the age of 18), unless they are that person’s spouse.
- Nevada: 16 – Pursuant to NRS 200.364(5) the age of consent is 16 years old in Nevada. Accordingly, sexual conduct between the parties presently is legal. However, when the male was 19 and the female was 15 sexual conduct between the two constituted statutory sexual seduction (commonly known as statutory rape in most states).
- Utah: 18 – For women, the age of consent in Utah is 16 years old. While for men, it’s 18 years old. However, for women between the ages of 16 and 18, there are some restrictions. No person under the age of 18, male or female, can legally consent to sex with a person who is more than 10 years older than the minor.
- Colorado: 18 – Close-in-age: In Colorado, a person who is under 15 can legally consent to have sex with someone who is no more than 4 years older. Additionally, a person under 17 can legally consent to sex with a person who is no more than 10 years older.
- New Mexico: 17 – In New Mexico, the age of consent is 17 years old. If an adult (an individual over the age of 18) has sex with a minor between the ages of 13 and 16, the adult may be prosecuted for 4th degree criminal sexual penetration.
Legal Age of Consent in the United States
Title 13. Sexual Offenses
13-1405. Sexual conduct with a minor; classification
- A person commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person who is under eighteen years of age.
- Sexual conduct with a minor who is under fifteen years of age is a class 2 felony and is punishable pursuant to section 13-705. Sexual conduct with a minor who is at least fifteen years of age is a class 6 felony. Sexual conduct with a minor who is at least fifteen years of age is a class 2 felony if the person is or was in a position of trust and the convicted person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed has been served or commuted.
Title 25. Marital and Domestic Relations
25-102. Consent required for marriage of minors
- A person who is at least sixteen years of age and who is under eighteen years of age may marry only if one of the following is true:
- The person has received an emancipation order pursuant to title 12, chapter 15 or from a court in another state and the person’s prospective spouse is not more than three years older than the person.
- The parent or guardian who has custody of the person consents to the marriage and the person’s prospective spouse is not more than three years older than the person.
- Persons who are under sixteen years of age shall not marry.
- The clerk of the superior court may not issue a license to a person who is under eighteen years of age and who does not meet the requirements of subsection A of this section.