Can I Be Charged With a Sex Crime Allegation From More Than 10 Years Ago?

Arizona’s No Expiry Rule For Child & Violent Sex Crime Allegations

Being accused of a sex crime from years ago can come as quite a surprise. You may wonder if sex crime allegations are even considered after a certain amount of time. In Arizona, crimes have statute of limitation laws which put a deadline on the state’s ability to charge individuals.

If the statute of limitation expires on a crime, allegations against individuals will not be considered, regardless of whether it was a true or false accusation. For sex crimes, the statute of limitations time frame varies depending on the specifics of the crime. A Phoenix sex crimes attorney can help you determine whether or not the statute of limitations has expired for the allegation against you. 

Attorney discussing a sex crime allegation case with a client at Villanueva Skura Attorneys at Law

Understanding The Statute Of Limitations On Sex Crimes Against Children

When it comes to sex crimes against children under the age of 15, there are no statute of limitations as the state of Arizona puts high priority on keeping children safe. Sex crimes against children can be some of the following:

  • Child Molestation: When an adult or child 15 or older uses a child younger than 14 to stimulate themselves sexually.
  • Sexual Abuse Against a Child: The child is used for sexual stimulation by the perpetrator more than one time.
  • Child Pornography: Possession or distribution of explicit images involving children.
  • Sex Trafficking Of a Child: Forcing, tricking, or persuading a child to provide sex acts for something else of value. 

This means that if anyone is accused of a child sex crime, even if it is decades after the act happened, the case can be brought to court and it may be time to seek an Arizona sex crimes defense lawyer. 

No Statute Of Limitations For Violent Sex Crime Allegations In Arizona

Another type of crime that has no statute of limitations is violent sex crimes. These types of sex crimes involve physical force or psychological harm along with nonconsensual sexual contact. Violent sex crimes can include:

  • Dangerous Crimes Against Children (DCAC) : If a Child is fourteen years old or younger and is the victim of a sex crime (sexual assault, sexual abuse, et).
  • Sexual Exploitation: If the Minor portrayed in the pictures/video is under the age of 15, the crime is categorized as a “dangerous crime against children”.
  • Sexual Assault: 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. If the victim is under the age of 15 it is a dangerous crime against children.
  • Luring: A person commits luring a minor for sexual exploitation by offering or soliciting sexual conduct with another person knowingly or having reason to know that the other person is a minor. If the victim is under the age of 15 it is a dangerous crime against children. 

Due to the serious nature of violent sex crimes, Arizona has determined that there should be no statute of limitations, no matter how long ago the act occurred.  

Arizona’s Statute Of Limitations For Felony Sex Crimes Explained

An Arizona sex crimes defense lawyer can help you understand Arizona’s class system when it comes to felonies. Felonies are numbered 2-6 with a Class 2 felony being more severe and Class 6 being less severe. Most of these felonies have a statute of limitations of 7 years. The felonies in these classes include:

  • Sexual assault
  • Rape
  • Attempted Rape
  • Sodomy
  • Sex Trafficking
  • Stalking

The timeline on the statute of limitations does not start until the police identify who the perpetrator is. If there are no known suspects for a crime, the statute of limitations does not apply. This means that if an individual was raped, but the person who raped them wasn’t identified until a year later, the statute of limitations doesn’t start until a year after the crime occurred. 

One-Year Statute Of Limitations For Misdemeanor Sex Crimes In Arizona

When it comes to sex crime misdemeanors, the statute of limitations is much shorter. Misdemeanors have a one  year statute of limitations starting from whichever of the following comes first:

  • The day the misdemeanor was discovered OR
  • The day the misdemeanor should have been discovered

If you’re accused of a misdemeanor, an Arizona sex crimes defense lawyer will help ensure your rights are protected and the statute of limitations is not expired at the time of accusation. Common sex crime misdemeanors include:

  • Indecent Exposure: Showing genitals, anus, or female breast in the presence of another. However, if the victim is under the age of 15, it becomes a felony.
  • Public Sexual Indecency: Doing sexual acts in public where others can see.
  • Sexual Abuse: Sexual contact without consent with someone who is older than 15. However, the contact is less severe than what would be considered sexual assault.

Look No Further For Help With Your Sex Crimes Case!

Being accused of a sex crime is serious and our Arizonas’s Top-Rated Sex Crime Lawyers at VS Attorneys at Law have the experience and dedication to ensure your rights are protected. With confidentiality and compassion, we will listen to your case and help determine the best course of action. 

Don’t face your allegation alone, contact us today for top-notch representation. 

 

Published On: July 25th, 2024Categories: Sex Crime Defense

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