Arizona Sex Offender Records
What is a Sex Offender?
The term ‘sex offender’ is used to describe a person that commits a sex crime. There are different types of sexual crimes that can lead to a conviction, they include sexual assault, sexual abuse of a minor, sex on the beach, and multiple counts of public urination. Ultimately, what amounts to a sex crime is dependent on the jurisdiction, and the State of Arizona has its specific classifications of punishable sex crimes.
In Arizona, the judicial branch is responsible for bringing sex offenders to book and protecting citizens from such offenders. Primarily, sex offenders are penalized by imprisonment or inclusion on the Arizona Sex Offenders’ Registry.
Who is Considered a Sex Offender in Arizona?
The Arizona Revised Statutes does not expressly define the term “Sex offender,” but Sec. 13-118 defines sexually motivated offenses as one committed for the sexual gratification of the offender. Generally, a sex-related offense is a type of sexually motivated offense. Offenses in this category often have sexual components and may involve actual or threatened harm, which may also be mental or emotional.
What are the Different Types of Sex Offenses in Arizona?
Chapter 14 of the Arizona Revised Statutes provides for the various sex offenses recognized in Arizona. These offenses are:
Indecent Exposure: Under 13-1402, a person commits the offense of indecent exposure if the person exposes the person’s genitals, anus, areola, or nipple in the presence of another person and is unconcerned that the other person is alarmed or offended by the act. Acts of indecent exposure do not include a breastfeeding mother.
Indecent exposure to a victim that is 15 years old or more is a class 1 misdemeanor. However, where it is a repeat offender, it is a class 6 felony. Where a person has prior convictions of indecent exposure to a minor under 15, it is a class 3 felony. The punishment for indecent exposure under this section is a prison term of between 6-15 years and/or a fine not exceeding $150,000 under Sec. 13-801.
Public Sexual Indecency: Under Sec. 13-1403, an offender commits public sexual indecency where the offender intentionally engages in the following acts in the presence of another person who is offended or alarmed by the act:
- An act of sexual contact (being the direct or indirect touching or fondling the anus, genitals, or female breast using an object or any part of the body, or making a person engage in such contact, under 13-1401)
- Oral sexual contact (being oral contact with a penis, vulva, or anus)
- Sexual intercourse (which is the penetration into the anus, vulva, or penis, using an object or any part of the body. It is also any masturbatory contact with the penis or vulva)
A person commits public indecency to a minor if the person engages in the act in the presence of a minor under 15. Public sexual indecency is a class 1 misdemeanor, while when committed to a minor, it is a class 5 felony. Under Sec. 13-802, a class 1 misdemeanor attracts a fine of not more than $2,500. If a person with similar convictions in the past is convicted on a felony charge for this offense, the person may face a term of imprisonment of between 6 -15 years, depending on certain presumptive terms provided in 13-701.
Sexual Abuse: Under Sec. 13-1404, an offender commits sexual abuse by knowingly engaging in sexual contact with a person that is 15 or more without the consent of that person. It also includes acts with any person under 15, and where the sexual contact only involves the female breast. The consent of the victim is not a defense, where the victim is 15, 16, or 17 at the time, and the offender was in a position of trust.
Sexual abuse is a class 5 felony and a class 3 felony where the victim is below 15 and punishable under Sec. 13-705.
Sexual Conduct With a Minor: Under Sec. 13-1405, a person commits sexual conduct with a minor, where the person knowingly engages in sexual intercourse or oral sexual contact with a person under the age of 16. Sexual conduct with a minor under 15 is a class 2 felony and attracts punishments provided in Sec. 13-705. If the minor is up to 15, it is a class 6 felony, and if the offender is in a position of trust, it is a class 2 felony, with no option of probation, suspension of sentence, or pardon.
Sexual Assault: Under Sec. 13-1406, a person commits sexual assault by knowingly engaging in sexual intercourse or oral sexual contact with another person without that person’s consent. Sexual assault is a class 2 felony and attracts jail time between 5 to 28 years, depending on certain factors provided in the section.
Adultery: Under Sec. 13-1408, a married person commits this offense where the person engages in sexual intercourse with another person other than the spouse. It also applies to unmarried persons engaging in sexual intercourse with married persons. It is a class 3 misdemeanor and only attracts prosecution upon complaint.
Unlawful Sexual Conduct: Sec. 13-1409 covers acts of unlawful sexual conduct by an adult Probation Department employee or Juvenile Court employee that coerces a victim to engage in sexual contact or oral sexual contact by threatening to influence the victim’s release or supervision status negatively. If the victim is under 15, it is a class 2 felony, but if the victim is up to 15 and under 18, it is a class 3 felony. Any other form of unlawful sexual conduct is a class 5 felony.
Molestation of a Child: Under Sec. 13-1410, an offender commits the offense of child molestation by knowingly engaging or making a person engage in sexual contact with a child under 15. It is a class 2 felony, punishable under Sec. 13-705.
Bestiality: Under Sec. 13-1411, an offender commits bestiality by knowingly doing any of the following:
- Oral sexual contact, sexual contact, or sexual intercourse with an animal
- Making another person engage in the above acts
Bestiality is a class 6 felony, but where the other person is a minor under 15, it is a class 3 felony. The court may make an offender, in addition to penalties, undergo a psychological assessment, counseling at the offender’s expense, or reimburse an animal shelter.
Unlawful Sexual Conduct: Sec. 13-1412 covers situations where a peace officer knowingly engages in sexual contact, oral sexual contact, or sexual intercourse with a person in the officer’s custody or is the subject of an investigation. If the victim is under 15, it is a class 2 felony, but where the victim is up to 15 but less than 18, it is a class 3 felony. Any other form of unlawful sexual conduct is a class 5 felony.
Sec.13-1419 also covers sexual acts, but by a person employed in a correctional facility, with an offender in the custody of the Arizona Department of Corrections, a juvenile detention facility, the Department of Juvenile Corrections, or a jail in a city or county. If the prisoner is under 15, it is a class 2 felony, and where the prisoner is between 15-17, it is a class 3 felony. Any other form of unlawful sexual conduct is a class 5 felony.
Continuous Sexual Abuse of a Child: Under 13-1417, a person who, for three months or more, engages in sexual conduct with a minor, sexual assault, and molestation of a child under 14, is guilty of the continuous sexual abuse of a child. It is a class 2 felony with punishment under Sec. 13-705.
Sexual Misconduct: Sec. 13-1418 covers situations where a behavioral health professional, psychiatrist, or psychologist engages in sexual intercourse with a client under the care of that behavioral health professional, psychiatrist, or psychologist. The offense of sexual misconduct is a class 6 felony and will not apply where the client has completed treatment or is no longer under the care of the professional.
Violent Sexual Assault: Under Sec. 13-1423, a person is guilty of violent sexual assault, where the person uses a deadly instrument or weapon to inflict injury while committing the offenses of sexual abuse, sexual conduct with a minor, sexual assault, or the molestation of a child, and the person has a previous felony conviction for similar offenses. Where such a person is found guilty, the punishment is life imprisonment for the duration of the person’s natural life.
Voyeurism: Sec. 13-1424 describes this offense as the willful invasion of a person’s privacy for sexual stimulation and without the knowledge of that person. It also covers the disclosure or display of any picture, video, film, or digital recording, made in violation of that person’s privacy. A person’s privacy is invaded in this manner, where:
- The victim is undressed, fully or partially.
- The victim is engaged in sexual contact or sexual intercourse
- The victim is defecating or urinating
The offense of voyeurism does not apply where the videotaping, photography, or other recording is for security purposes, to further an investigation, or is in the course of the ordinary use of a child monitoring device. Voyeurism is a class 5 felony and becomes a class 4 felony where the victim is recognizable.
Unlawful Disclosure of Images Depicting Nudity or Specific Sexual Activities: Sec. 13-1425 makes it unlawful for a person to share nude images of a person or where the person is engaged in specific sexual activity, to harass, intimidate, coerce, or threaten the person. It does not apply where the act is:
- To report unlawful conduct
- A part of law enforcement duties
- A voluntary exposure in public
- Consented to
Offenses under this heading are class 5 felonies, but where the image is shared by electronic means, it is a Class 4 felony, and where the person threatens to share the image but does not do so, it is a Class 1 misdemeanor.
Sexual Extortion: Under Sec. 13-1428, a person commits sexual extortion, where the person threatens another person to coerce the person to:
- Engage in sexual intercourse or sexual contact
- Allow the photographing, filming, videotaping, or recording of the victim’s genitals, anus, or female breast.
- Exhibit the victim’s genitals, anus, or female breast
Sexual extortion is a Class 3 felony, but where the victim is under 15, it is a class 2 felony punishable under section 13-705.
What Types of Sex Offenders Exist in Arizona?
Arizona operates a tier-based classification system for sex offenders. Before an offender’s release, the agency holding the offender must complete a risk assessment screening on the offender. The risk assessment uses 19 factors to determine an offender’s risk level. Some of these factors are:
- Prior criminal history
- The gender and number of victims
- The offender’s relationship with the victim(s)
- Alcohol or drug use
- The offender’s employment history
Following the risk assessment, law enforcement agencies may classify sex offenders into any of the following tiers or levels:
Level One: Level one is for offenders who the law presumes have a low risk of offending again. Such an offender may not go through the community notification process provided for in ARS 13-3825(C) or be listed on the Department of Public Safety (DPS) online database for sex offenders. Instead of community notification, law enforcement may notify any person sharing accommodation with the offender under ARS 13-3825(C)(2). However, the offender will have to register every year and get a driver’s license showing that the offender is a registered sex offender.
Level Two: Level two offenders have a low risk of committing another sex offense. Offenders in this category will be listed on the online database and face the community notification procedure. They may be listed on a national database created by the Sex Offender Registration and Notification Act (SORNA). Such an offender must register every year and update private information with the local law enforcement agency and renew their driver’s license showing that the person is a registered sex offender.
Level Three: Level three is the most serious in the Arizona sex offender classification. The law finds offenders in this category as having a high risk of reoffending. As a result, personal information of the offender is contained on the database of sex offenders, which is available to the public. Offenders in this category are further listed on the national database created by the Sex Offender Registration and Notification Act (SORNA). The local community will also be notified when the offender moves in, and the offender is limited from living in certain areas.
Level three offenders have to register every year and update personal information with the local law enforcement agency under ARS 13-3821(J).
How to Find a Sex Offender Near Me in Arizona
The Arizona Sex Offenders Law is a 1996 adaptation of the Megan Law that allows for the publication of sex offenders’ information. Section 13-3827 of the Arizona Revised Statutes mandates the Department of Public Safety to maintain a sex offender website for purposes of making sex offender information available to the public. This website contains the following information:
- The offender’s name, age, and address
- A current photograph of the offender
- The type and level of offense committed
The Motor Vehicle Division of the Department of Transportation must also provide the driver’s license photograph of the offender to be included on the sex offender website. Alternatively, individuals may search through the inmate search database of the Department of Corrections for incarcerated persons who are sex offenders.
Arizona Sex Offender Registry
The Sex Offender Registry of the Department of Public Safety provides the public with information regarding convicted sex offenders to protect members of the public and prevent future occurrences. The website, which is updated every day, contains the following information:
- The name and photograph of an offender
- The physical location and address of the offender
- The name of the offender’s landlord
- The number and location of any post office box the offender uses
- All known aliases of the offender
- The fingerprints of the offender
- Employment or enrollment status of the offender at any public or private tertiary institution
To obtain information from this database, individuals may download the published registered sex offenders list. Under A.R.S. 39-121.03, this list is for community safety purposes and not to intimidate or harass persons. It is also not intended for commercial purposes. To get the list for a commercial purpose, interested persons may contact the Sex Offender Compliance Unit at (602) 255-0611.
Alternatively, interested persons may search for offenders within a specified area through the direct Department of Public Safety (DPS) offender search option by providing the following information:
- City name
- Zip Code
- Zip plus
Once imputed into a computer, click submit. To search by name or other means, visit the alternative search portal and key in the following details:
- The last name of the offender
- The first name of the offender
- Internet name, email, or phone number of the offender
Once done, click submit. However, individuals do not need to provide all of the above details for an alternative search; only one of that information will suffice.
What Happens When You Register as a Sex Offender in Arizona?
A sex offense charge in Arizona is a serious matter and has life-changing consequences for convicted offenders. Chapter 38, Article 3 of the Arizona Revised Statutes requires convicted persons to register as sex offenders. An offender must register within ten days with the local sheriff of the county where the offender lives. The offender must provide the following information:
- An electronic fingerprint
- All known names or aliases
- All online identifiers like e-mail addresses and social media handles
- A current photograph, blood sample, and mailing address
Before release from incarceration, the Arizona Department of Corrections (ADC), the DPS, and the county sheriff must update the registration information. Upon release, the ADC must forward the offender’s information within three days to the DPS and sheriff’s office of any county where the offender lives or plans to live. Juvenile delinquents may also register, but this requirement may terminate in certain circumstances, like when the offender turns 25 or upon court order.
Once a registered sex offender is released from prison, a notification is sent to the surrounding community. For level three sex offenders, a notification is sent to neighborhoods, schools, relevant community groups, and prospective employers. A press release follows this, and the printing of a flyer showing a photo, address, criminal background, and status of the offender. Where a level three offender does not register, the community gets notification of a subsequent arrest warrant on the person.
For level two offenders, a notification is sent to the immediate neighbors of the person, prospective employers, and relevant community groups. The notifications may include a flyer with the photo of the offender, the address of the general area where the offender will live, and a summary of the offender’s criminal history and status. Failure to register attracts an arrest warrant as well.
For level one offenders, local law enforcement agencies are responsible for the offender’s information and notifying the community. Law enforcement may share this information with other law enforcement agencies in the area, and the people residing with the offender may get a notification. Failure to register also attracts a warrant for the offender’s arrest.
To prevent sex offenders from clustering or living within proximity, section 13-3727 prohibits an offender convicted of a crime against children under section 13-705 and is a level three offender to live within 1000 feet of a school, child care facility, or where the offender’s former victim lives. It does not apply where the offender:
- Established residence before September 19, 2007, or before the erection of a school or child care facility in the area
- Is a minor
- Is serving a term of probation
- Has no similar convictions in the previous ten years
What is the Arizona Sex Offender Registry?
The Arizona sex offender registry contains public information on the details and location of sex offenders in the state. The registry serves as a public awareness tool that alerts citizens on the risks and possible threats posed by sex offenders.
Arizona law mandates the Arizona Department of Public Safety (DPS) to create a website for community notification purposes. The state’s sex offender registry only contains information on Level 2 and Level 3 offenders. This information includes each offender’s name, address, age, current photograph, offense committed, notification level, and risk assessment.
The DPS also maintains online identifiers (email addresses or internet communication names) for Level 2 and Level 3 sex offenders, and the websites or internet communication services where the identifiers are used. The DPS does not share this information with the public.
However, the DPS may share the sex offender’s online identifier and the name of the matching website or internet communication service to a business or organization where electronic communication services are in use. The business or organization is not permitted to share any of the information it receives, but would inform the DPS when there is a match on their database.
Who Runs the Arizona Sex Offender Registry?
The Arizona Department of Public Safety (DPS) is responsible for maintaining the sex offender registry in the state. It records, updates, and verifies the name, address, and photographs of every sex offender in Arizona, in compliance with A.R.S 13-3827.
What are the Sex Offender Laws in Arizona?
Arizona has several laws that govern sex offenders and specifies penalties for violators. The laws include:
- Notification Laws
- Registration Laws
- Residency Laws
- Sexual Offense Laws
- Notification Laws Notification laws contain specifics on who should be notified by the relevant law enforcement agency when a sex offender is released from incarceration. Notification laws allow for community notification (A.R.S. 13-3825) and also provide for the establishment of an online sex offender registry (A.R.S. 13-3827)
- Registration Laws This describes persons required by law to register, the procedure for registration, and the classification and assessment of each offender according to their offense. Furthermore, registration laws provide for the assessment and classification of Arizona sex offenders.
- Residency Laws In Arizona, residency laws specify what qualifies as unlawful residency regarding sex offenders, according to A.R.S. 13-3727. This statute also provides charges liable to violators and certain exceptions to the state’s residency requirement.
- Sexual Offense Laws Sexual offense laws are specific on what constitutes a sexual offense that requires registration as an Arizona sex offender. Some examples include the following:
- Indecent exposure(A.R.S 13-1402)
- Public sexual indecency, public sexual indecency to a minor (A.R.S 13-1403)
- Sexual Abuse (A.R.S 13-1404)
- Sexual conduct with a minor (A.R.S 13-1405)
- Sexual assault (A.R.S 13-1406)
- Adultery (A.R.S 13-1408)
- Molestation of a child (A.R.S 13-1410)
- Bestiality (A.R.S 13-1411)
- Continuous sexual abuse of a child (A.R.S 13-1417)
- Sexual misconduct by a behavioral health professional (A.R.S 13-1418)
- Unlawful sexual conduct(A.R.S 13-1419)
- Violent sexual assault(A.R.S 13-1423)
- Voyeurism (A.R.S 13-1424)
- Unlawful disclosure of images depicting states of nudity or specific sexual activities
- (A.R.S 13-1425)
- Unlawful imprisonment (A.R.S 13-1303)
- Kidnapping(A.R.S 13-1304)
- Taking a child for the purpose of prostitution (A.R.S 13-3206)
- Child prostitution (A.R.S 13-3212)
- Commercial sexual exploitation of a minor (A.R.S 13-3552)
- Sexual exploitation of a minor (A.R.S 13-3553)
- Luring a minor for sexual exploitation (A.R.S 13-3554)
Can a Sex Offender Live With Their Family in Arizona?
Arizona has no laws restricting registered sex offenders from living with their families. Offenders may reside with their families unless a court rules otherwise or the offender has to comply with other laws restricting their residency options.
How Long Do Sex Offenders Have to Register in Arizona?
Most Arizona sex offenders are required to register for life. However, A.R.S. 13-3821(D) states that a convicted juvenile may be relieved of his or her duty to register when the juvenile turns 25 years old.
Do Sex Offenders Have to Notify Neighbors in Arizona?
There are no laws in Arizona that mandate sex offenders to reveal their status to neighbors. Sex offenders are also not required to put up yard signs to this effect. Instead, Arizona effects the following requirements as monitoring systems for sex offenders:
- Compulsory sex offender registration upon release from incarceration
- Annual driver’s license renewal which would inform law enforcement of their convictions
- Residency restrictions in areas with schools, kindergarten programs, childcare facilities or residences occupied by former victims.
A.R.S 13-3727(F) states that measurements to ensure compliance must be made in a straight line from the nearest point of the offender’s residence to the nearest point of any of the above establishments. Measurements are made without regard to any intervening objects or structures.
How Close Can a Sex Offender Live to a School in Arizona?
Level 3 sex offenders are prohibited from living within 1,000 feet of a school or child care facility in the state of Arizona. All levels are prohibited from living within 1,000 feet of their former victims unless they receive written consent from said victims.
How to Look Up Sex Offenders in Arizona
Registered Arizona sex offenders can be searched and found on an online database. This site was created for the purpose of community notification in order to take necessary precautions. Sex offenders can be searched by name, address, area of residency, city residence, email address, or internet names. The site also contains information on non-compliant offenders.
Can You Expunge a Sex Offender Charge in Arizona?
Sex offender charges cannot be expunged in Arizona. While the state does not have an expungement law, Arizona has a statute that allows courts to set aside some judgments of convictions depending on certain conditions. According to A.R.S. 13-905, these conditions include the offender’s compliance with probation conditions, prior convictions, and the nature of the offense the conviction is based on, among others. However, A.R.S. 13-905(K)(2) states that an offender required to register under A.R.S 13-3821 will not be eligible to have their judgment of guilt set aside.
Is Public Urination a Sex Offense in Arizona?
Public urination is considered indecent exposure and therefore a sex offense in Arizona according to A.R.S. 13-1402. The offense is treated as a Class 1 misdemeanor if committed in the presence of a person who is at least 15 years old, or a Class 6 felony if the onlooker is under 15 years of age. The offense is also considered a Class 6 felony if the offender has prior convictions for the same offense or for sexual assault. Indecent exposure to a person who is under 15 years of age is a Class 6 felony. A person who violates this statute or commits public sexual indecency to a minor under 15 years of age will be charged with a Class 3 felony and may be sentenced to between 6 and 15 years in prison.
How to Report a Sex Offender in Arizona?
People can report sex offenders in Arizona by contacting their local county sheriff, city police, or the Arizona Department of Public Safety. The public can contact the DPS using the following details:
Arizona Department of Public Safety
Sex Offender Compliance
P.O.Box 6638|Mail Drop #9999
Phoenix, AZ 85005-6638
Phone: (602) 255-0611
The DPS’ Sex Offender Compliance office has also provided a Sex Offender Contact Form for reporting sex offenders in Arizona. A sex offender who fails to register with the local sheriff of the county where he resides faces a Class 4 felony charge.
Interested members of the public may also obtain public record information from third-party websites. These privately owned sites typically host data culled from public databases and repositories. However, the information available on third-party sites may vary since they are independent of government sources. In order to use a third-party site, record seekers may be required to provide all or some of the following information:
- The full name on the record of choice
- The last known or current address of the named individual
- The address of the requestor