Sexual Misconduct Definitions - State of Arizona

Domestic Violence

Domestic violence means any act which is a dangerous crime against children as defined in section A.R.S. 13-705 (dangerous crimes against children) or an offense defined in section A.R.S. 13-1201 through 13-1204 (endangerment, threatening or intimidating, assault, aggravated assault), A.R.S. 13-1302 through A.R.S. 13-1304 (custodial interference, unlawful imprisonment, kidnapping) A.R.S. 13-1502 through A.R.S. 13-1504 (criminal trespass in the third, second and first degree) or A.R.S. 13-1602, (criminal damage); section A.R.S. 13-2810 (interfering with judicial proceedings), section A.R.S. 13-2904, subsection A, paragraph 1, 2, 3 or 6 (disorderly conduct), section A.R.S. 13-2916 (use of telephone to terrify, intimidate, threaten, harass, annoy or offend) or section A.R.S. 13-2921 (harassment), A.R.S. 13-2921.01 (aggravated harassment), A.R.S. 13-2923 (stalking), 13-3019 (surreptitious photographing, videotaping, filming or digitally recording or viewing), 13-3601.02 (aggravated domestic violence) or 13-3623 (child or vulnerable adult abuse), if any of the following applies:

1. The relationship between the victim and the defendant is one of marriage or former marriage or of persons residing or having resided in the same household.

2. The victim and the defendant have a child in common.

3. The victim or the defendant is pregnant by the other party.

4. The victim is related to the defendant or the defendant’s spouse by blood or court order a parent, grandparent, child, grandchild, brother or sister or by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law or sister-in-law.

5. The victim is a child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or who has resided in the same household as the defendant.

Oral Sexual Contact

Oral sexual contact means oral contact with the penis, vulva or anus.

Sexual Abuse

A 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 breast.

Sexual Assault

A 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 Contact

Sexual contact means any direct or indirect touching, fondling or manipulating of any part of the genitals, anus or breast by any part of the body or by any object or causing a person to engage in such contact.

Sexual Harassment

Sexual harassment is a form of harassment that may involve the behavior of a person against another person and occurs when such behavior constitutes unwelcome sexual advances, unwelcome requests for sexual favors, and other unwelcome verbal or physical behavior of a sexual nature where:

1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s education or employment; or

2. Submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting the individual’s welfare; or

3. Such conduct has the purpose or effect of substantially interfering with an individual’s welfare, academic or work performance, or creates an intimidating, hostile, offensive, or demeaning education or work environment.

Sexual Intercourse

Sexual intercourse means penetration into the penis, vulva or anus by any part of the body or by any object or masturbatory contact with the penis or vulva.

Stalking

A person commits stalking if the person intentionally or knowingly engages in a course of conduct that is directed toward another person and if that conduct either:

1. Would cause a reasonable person to fear for the person’s safety or the safety of that person’s immediate family member and that person in fact fears for the person’s safety or the safety of that person’s immediate family member; or

2. Would cause a reasonable person to fear death of that person or that person’s immediate family member and that person in fact fears death of that person or that person’s immediate family member.

Without Consent

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. For purposes of this subdivision, “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.

3. The victim is intentionally deceived as to the nature of the act.

4. The victim is intentionally deceived to erroneously believe that the person is the victim’s spouse.

Note: The above definitions are meant for illustrative purposes and are subject to change. The University reserves the right to interpret any of these definitions in any manner supported by law.