Tucson Sexual Offenses Attorney
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Practice Areas
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Charged With a Sex Crime? Contact Tucson Criminal Defense Attorney Kevin J. OurslandSexual offenses are among the most serious crimes in Arizona. A conviction nearly always results in jail or prison time. For that reason, you should never go it alone if you are facing charges for any of the following:
As your Tucson Internet sex crimes defense lawyer, Kevin J. Oursland will immediately begin proactive measures to help you obtain the best possible outcome. If the state has compelling evidence against you, the best approach may be to get you into counseling so you can demonstrate to the judge that this won't ever happen again. He offers a free initial consultation to discuss your case.
Sexual AssaultA person commits sexual assault by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent of such person. Sexual assault is a class 2 felony, and the person convicted shall be sentenced pursuant to this section and the 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 by the court has been served or commuted. Violent Sexual AssaultA person is guilty of violent sexual assault if in the course of committing an offense under section 13-1404, 13-1405, 13-1406 or 13-1410 the offense involved the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or involved the intentional or knowing infliction of serious physical injury and the person has a historical prior felony conviction for a sexual offense under this chapter or any offense committed outside this state that if committed in this state would constitute a sexual offense under this chapter. A person who is guilty of a violent sexual assault shall be sentenced to life imprisonment and the court shall order that the person not be released on any basis for the remainder of the person's natural life. Sexual AbuseA person commits sexual abuse by intentionally or knowingly engaging in sexual contact with any person who is fifteen or more years of age without consent of that person or with any person who is under fifteen years of age if the sexual contact involves only the female breast. Sexual abuse is a class 5 felony unless the victim is under fifteen years of age in which case sexual abuse is a class 3 felony punishable pursuant to section 13-705. Sexual Conduct With a MinorA 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 the minor's parent, stepparent, adoptive parent, legal guardian or foster parent or the minor's teacher or clergyman or priest 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. MolestationA person commits molestation of a child by intentionally or knowingly engaging in or causing a person to engage in sexual contact, except sexual contact with the female breast, with a child who is under fifteen years of age. Molestation of a child is a class 2 felony that is punishable pursuant to section 13-705.Sex Offender RegistrationA person who is subject to registration as a sex offender and who fails to comply with the requirements of this article is guilty of a class 4 felony. Notwithstanding subsection A of this section, a person who fails to comply with section 13-3821, subsection J is guilty of a class 6 felony and, in addition to any other penalty prescribed by law, the court shall order the person to pay an additional assessment of two hundred fifty dollars. This assessment is not subject to any surcharge. Indecent ExposureA person commits indecent exposure if he or she exposes his or her genitals or anus or she exposes the areola or nipple of her breast or breasts and another person is present, and the defendant is reckless about whether the other person, as a reasonable person, would be offended or alarmed by the act. Indecent exposure to a person who is fifteen or more years of age is a class 1 misdemeanor. Indecent exposure to a person who is under fifteen years of age is a class 6 felony. VoyeurismIt is unlawful to knowingly invade the privacy of another person without the knowledge of the other person for the purpose of sexual stimulation. It is unlawful for a person to disclose, display, distribute or publish a photograph, videotape, film or digital recording that is made in violation of subsection A of this section without the consent or knowledge of the person depicted. For the purposes of this section, a person's privacy is invaded if both of the following apply: 1. The person has a reasonable expectation that the person will not be photographed, videotaped, filmed, digitally recorded or otherwise viewed or recorded. 2. The person is photographed, videotaped, filmed, digitally recorded or otherwise viewed, with or without a device, either: (a) While the person is in a state of undress or partial dress. (b) While the person is engaged in sexual intercourse or sexual contact. (c) While the person is urinating or defecating. (d) In a manner that directly or indirectly captures or allows the viewing of the person's genitalia, buttock or female breast, whether clothed or unclothed, that is not otherwise visible to the public. Internet SolicitationThe most common situation involves a male age 19 or older and a minor girl age 15 or younger talking in a chat room. The two parties arrange a meeting in a mall or other public place. When the guy shows up, he's arrested. It turns out, the 15-year-old girl was a 45-year-old police officer.In Arizona, the penalties for Internet solicitation range from one to fifty years imprisonment, depending upon the circumstances of the solicitation. Kevin J. Oursland knows how to handle these cases from his time as a prosecutor. Based on this experience, he also knows how to negotiate for a favorable plea agreement or sentencing recommendation. Child PornographyChild pornography charges are often the result when someone sees the images on your computer. That person notifies police, who obtain a search warrant to search your computer. Even if you delete the images, they can usually be recovered from unallocated disk space on your computer. You may also be arrested if someone you shared images with is arrested and gives your name to authorities. One possible defense to these types of charges is that someone else may have had access to your computer.Child pornography (possession and distribution) cases are usually prosecuted in federal court, where you could be subject to a prison sentence of five years or longer, depending on the number of images found. Frequently Asked Questions About Criminal Charges Additionally, many Internet sex crime convictions require sex offender registration, which will be a permanent mark on your record that will follow you wherever you go. I will work hard to avoid your name ending up on this registry. Free Attorney Consultation With a Sex Crimes AttorneyIf you or someone you know has been charged with an Internet sex crime in Tucson or anywhere in southern Arizona, call me, defense lawyer Kevin J. Oursland, at (520) 240-6224, or fill out the contact form on this site. |
