Consent Laws
Arizona

“Without consent” includes any of the following:

1. the victim is coerced by the immediate use or threatened use of force against a person or property;
2. the victim is incapable of consent by reason of mental disorder, mental defect, drugs, alcohol, sleep or any other similar impairment of cognition and such condition is known or should have reasonably been known to the defendant (see definition of “mental defect” below);
3. the victim is intentionally deceived as to the nature of the act; or
4. the victim is intentionally deceived to erroneously believe that the person is the victim’s spouse. 

Arizona Revised Statute § 13-1401(A)(7).

No.

18 years old; or 15 years old if the defendant is under 19 years old or attending high school and is no more than two years older than the victim. Arizona Revised Statute § 13-1405(A), 13-1407(E).

Yes, it is a defense to a prosecution for sexual conduct with a minor under section 13-1405, child enticement under section 13-1430, sexual exploitation of a minor under section 13-3553(A)(4), and aggravated luring of a minor for sexual exploitation under section 13-3560 if the victim is fifteen, sixteen or seventeen years of age, the defendant is under nineteen years of age or attending high school and is no more than twenty-four months older than the victim and the conduct is consensual. Arizona Revised Statute § 13-1407(E).

No.

Yes, a victim can be incapable of consent by reason of mental disorder, mental defect, drugs, alcohol, sleep or any other similar impairment of cognition as long as such condition is known or should have reasonably been known to the defendant. Arizona Revised Statute § 13-1401(A)(7)(b).

“Mental defect” means the victim is unable to comprehend the distinctively sexual nature of the conduct or is incapable of understanding or exercising the right to refuse to engage in the conduct with another. Arizona Revised Statute § 13-1401(A)(7)(b).

No.

Yes, a victim can be incapable of consent by reason of sleep or any other similar impairment of cognition as long as such condition is known or should have reasonably been known to the defendant. Arizona Revised Statute § 13-1401(A)(7)(b).

Yes, a victim can be incapable of consent by reason of drugs, alcohol or any other similar impairment of cognition as long as such condition is known or should have reasonably been known to the defendant. Arizona Revised Statute § 13-1401(A)(7)(b).

Yes, for certain crimes. Spousal status is a defense to a prosecution for sexual abuse under section 13-1404 or sexual conduct with a minor under section 13-1405 if the person was the spouse of the other person at the time of the commission of the act. Spousal status is not a defense for sexual assault under section 13-1406. Arizona Revised Statute § 13-1407(D).

In addition:

• A person commits sexual abuse by intentionally or knowingly engaging in sexual contact with any person who is fifteen, sixteen or seventeen years of age and the defendant is in a “position of trust,” regardless of consent. Arizona Revised Statute §§ 13-1404(A), 13-1404(B).
• “Position of trust” means a person who is or was any of the following:
• The minor’s parent, stepparent, grandparent, adoptive parent, legal guardian, aunt, uncle or foster parent.
• The minor’s teacher or any school employee or volunteer at the minor’s school who is eighteen years of age or older.
• The minor’s coach or instructor, whether the coach or instructor is an employee or volunteer.
• The minor’s clergyman or priest or any person who is at least eighteen years of age and who worked or volunteered for a religious organization that hosted events or activities where the minor was in attendance.
• Engaged in a sexual or romantic relationship with the minor’s parent, adoptive parent, grandparent, aunt, uncle, legal guardian, foster parent, stepparent, step-grandparent or sibling.
• Related to the minor by blood or marriage within the third degree and is at least ten years older than the minor.
• The minor’s employer.
• An employee of a group home or residential treatment facility where the minor resides or has previously resided.

Arizona Revised Statute § 13-1401(A)(2)

• An adult probation department employee or juvenile court employee commits unlawful sexual conduct if the employee knowingly coerces the victim to engage in sexual contact, oral sexual contact or sexual intercourse by either (a) threatening to negatively influence the victim’s supervision or release status or (b) offering to positively influence the victim’s supervision or release status. Arizona Revised Statute § 13-1409(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. Arizona Revised Statute § 13-1412(A).
• A licensed behavioral health professional, psychiatrist or psychologist 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. Arizona Revised Statute § 13-1418(A).
• Employees, contractors, official visitors, volunteers or agency representatives of correctional facilities commit unlawful sexual conduct by intentionally or knowingly engaging in any act of a sexual nature with an offender who is in the custody of the state department of corrections, the department of juvenile corrections, a private prison facility, a juvenile detention facility or a city or county jail or with an offender who is under the supervision of either department or a city or county. Arizona Revised Statute § 13-1419(A).

Yes, for certain crimes. Consent is a defense to (a) sexual abuse for engaging in sexual contact without consent under section 13-1404, and (b) sexual assault for engaging in sexual intercourse or oral sexual contact without consent under section 13-1406. Arizona Revised Statute §§ 13-1404(A); 13-1406(A).

No. Arizona Revised Statute § 13-503; see also State v. Gallegos, 178 Ariz. 1, 870 P.2d 1097 (1994).