Statutes | Law and Order Code of the Fort McDowell Yavapai Community, Arizona Chapter 6 Article IV ยง 6-58 | 2019
A. Of a Minor. A person commits sexual assault of a minor who knowingly engages in sexual conduct, sexual contact or oral sexual contact with another person who has not attained the age of eighteen (18) years and
B. Of a Ward. A person commits sexual assault of a minor who knowingly engages in sexual conduct, sexual contact or oral sexual contact with another person who has not attained the age of eighteen (18) years and the minor Is:
1. In official detention and
2. Under the custodial, supervisory, or disciplinary authority of the person so engaging.
C. Defenses.
1. In a prosecution under subsection A. of this section, it is a defense, which the defendant must establish by a preponderance of the evidence that the defendant reasonably believed that the other person had attained that age of eighteen (18) years.
2. In a prosecution under subsection A. of this section, it is a defense, which the defendant must establish by a preponderance of the evidence, that the person engaging in the sexual act with the defendant was at that time (1) at least sixteen (16) years of age (2) within three (3) years of age of the defendant and (3) consented to the sexual act.
3. In a prosecution under this section, it is a defense, which the defendant must establish by a preponderance of the evidence, that the persons engaging in the sexual act were at that time legally married to each other.
D. State of Mind Proof Requirement. In a prosecution under subsection A. of this section, the Nation need not prove that the defendant knew (1) the age of the other person engaging in the sexual act or (2) that the requisite age difference existed between the persons so engaging.
E. Penalty. Sexual Assault of a Minor or Ward is a Class I offense.
1. A person convicted of sexual assault of a minor or ward shall serve a mandatory minimum jail sentence of ninety (90) days and shall not be eligible for suspension of sentence, probation, pardon or release from custody on any basis until the jail sentence imposed by the Court has been fully served and the jail time shall be served consecutively to any other count.
2. A person convicted of sexual assault of a minor for a second or subsequent time shall be sentenced to a mandatory jail sentence of one (1) year (three hundred sixty-five (365) days) and shall not be eligible for suspension of sentence, probation, pardon or release from custody on any basis until the initial one (1) year jail sentence imposed by the Court has been fully served.
(Law & Order Code 2006, § 6-58 Ft. McD. Res. No. 2011-17, ex. A(§ 6-58), 4-19-2011)