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A. Age of Consent/ Voluntary Sex Between Minors
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Children under 15 years of age are unable to consent to sexual conduct regardless of the age of the defendant.[69] Individuals who are at least 15 years of age and less than 18 years of age are unable to consent to sexual conduct[70] unless the defendant is: (1)less than 19 years of age or still attending high school and (2) no more than 2 years older than the victim.[71]
Definition of Offenses
Offense Definition Sexual abuse[72] Sexual contact[73] with someone less than 15 years of age if the sexual contact involves only the female breast where the defendant is not the victim’s spouse. Molestation of a child[74] Sexual contact, except sexual contact with the female breast, with someone less than 15 years of age. Sexual conduct with a minor[75] Sexual intercourse[76] or oral sexual contact[77] with someone less than 15 years of age where the defendant is not the victim’s spouse.
Sexual intercourse or oral sexual contact with someone at least 15 years of age and less than 18 years of age where the defendant is at least 19 years of age, not attending high school, at least 2 years older than the victim, and not the victim’s spouse.
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B. Child Abuse Reporting Requirements
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1. Inclusion of statutory rape in reporting requirements
Arizona statutes require mandated reporters to report all instances where they suspect that a child has been the victim of abuse.[78] The definition of child abuse includes specific reference to the crimes listed in the previous section. However, it only refers to those cases where the abuse occurred as the result of an act or omission on the part of someone having care, custody, and control of the child.[79] The statute also includes a provision stating that mandated reporters are not required to report consensual activities—illegal under the sexual abuse and sexual conduct with a minor laws described above—if the victim is at least 14 years of age and the defendant is less than 18 years of age.[80]
2. Mandatory reporters
Mandated reporters include: physical and mental health providers, social workers, peace officers, members of the clergy[81], parents and guardians of the victim, school personnel, or any other individual who has responsibility for the care or treatment of the victim.[82]
3. Who to report to
Mandated reporters must make an immediate report, by telephone or in person, of suspected abuse to a peace officer or Child Protective Services (within the Department of Economic Security). This must be followed by a written report within 72 hours. If the suspected offender does not have care, custody, or control of the victim, mandated reporters must report to a peace officer.[83]
4. State response
Peace officers and Child Protective Services must immediately notify one another of any reports they receive.[84]
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