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37 - What is the difference between Sexual Abuse Dangerous Crimes Against Children (DCAC) vs. Sexual Abuse?
DCAC stands for Dangerous Crimes Against Children and carries very serious sentencing consequences. In the state of Arizona, if you’re convicted of a DCAC charge, you must be sentenced to the Arizona Department of Corrections for a mandatory flat term prison sentence. This means you cannot earn credit for good behavior or receive early release for any other reason. Additionally, your sentence must be stacked, which means that if you are convicted of more than one DCAC charge, your sentences must be served consecutively, or back to back for each count in most instances.
Arizona Revised Statutes §13-1401 and 13-1404, defines the crime of 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 female breast. "Sexual contact" means any direct or indirect touching, fondling or manipulating of any part of the genitals, anus or female breast by any part of the body or by any object or causing a person to engage in such contact.
Sexual Abuse which involves touching of the breast of any female under the age of 15 constitutes Sexual Abuse DCAC, a class 3 felony and Dangerous Crimes Against Children. Sexual Abuse which involves touching of the breast of any female 15 years of age or older constitutes Sexual Abuse, a class 5 felony. Any direct or indirect touching, fondling or manipulating of any part of the genitals or anus of a female or male under the age or 15 constitutes Molestation of a Child DCAC, a class 2 felony and Dangerous Crimes Against Children. Any direct or indirect touching, fondling or manipulating of any part of the genitals or anus of a female or male 15 years of age or older constitutes Sexual Abuse, a class 5 felony.
It’s important to keep in mind that “fondling” does NOT include masturbatory contact or penetration. Masturbatory contact and/or penetration constitute Sexual Conduct with a Minor and may be a class 2 felony and Dangerous Crimes Against Children, or a class 6 felony, depending upon the age of the victim.