Understanding DCAC Charges, A.R.S. § 13-705 Sentencing, and Child Sex Crime Defense

Dangerous Crimes Against Children (DCAC) are some of the most serious felony accusations a person can face in Arizona. Most DCAC cases involve allegations of sex offenses, exploitation, or violence against a child who is under fifteen years old. When a case is classified as a Dangerous Crime Against Children, the normal sentencing rules no longer apply. Instead, Arizona courts must sentence under A.R.S. § 13-705, which carries extremely harsh mandatory prison terms that are often measured in decades rather than years.

If you or a family member has been accused of a DCAC offense, or has learned of an active investigation, it is important to understand what DCAC means, how A.R.S. § 13-705 works, and why early help from a lawyer who focuses on child sex crime defense can make a real difference in the outcome. For many people, that starts with speaking to a dedicated Dangerous Crimes Against Children defense lawyer in Phoenix or a Phoenix sex crimes attorney.

How Arizona Law Defines a Dangerous Crime Against Children

DCAC is not a separate crime on its own. It is a legal classification that changes how certain felonies are punished when they are committed against a child.

In simple terms, a case may be treated as a Dangerous Crime Against Children when all of the following are true:

• The State alleges one of the specific felonies listed in A.R.S. § 13-705.
• The alleged victim is a minor who was under fifteen years old at the time of the offense.
• The offense was committed against the child, which can include direct physical contact, exploitation, or certain violent conduct.
• In many situations the defendant is an adult, or is being prosecuted as an adult in criminal court.
  

The statute also covers situations where there is no actual child, for example in sting operations. If a person believes they are communicating with or arranging to meet a child under fifteen, and they take steps toward a listed offense, the case can still be charged and sentenced as DCAC even if the “child” is an undercover officer or a decoy profile. This is common in internet and sex sting investigations.

Which Crimes Can Be Charged As DCAC In Arizona

Not every crime involving a minor is a Dangerous Crime Against Children. A.R.S. § 13-705 contains a specific list of qualifying offenses. In practice, many DCAC prosecutions are built around one or more of the following types of allegations.

Table Of Common DCAC-Eligible Offenses:

A.R.S. § 13-705 also covers additional offenses such as continuous sexual abuse of a child, sexual extortion, certain drug-related conduct involving minors, and unlawful age misrepresentation in particular exploitation cases. The common thread is that the State is alleging a qualifying offense directed at a child under fifteen.

If your case involves allegations of online exploitation, you may also see charges related to sexual exploitation of a minor or surreptitious recording of a minor.

When A.R.S. § 13-705 Sentencing Applies

Once the State alleges that an offense is a Dangerous Crime Against Children, A.R.S. § 13-705 controls the sentencing if there is a conviction. The judge no longer works from the ordinary felony ranges. Instead, the court is required to follow the specific DCAC grid in the statute.

Several features of A.R.S. § 13-705 are especially important:

• Sentencing ranges are much higher than ordinary felonies for the same underlying conduct.
• Many DCAC offenses require mandatory prison, even for a first offense with no prior record.
• For most DCAC counts, the court must impose consecutive sentences, which means the time for each count is stacked one after another.
• Ranges increase sharply if a person has prior “predicate felonies” such as earlier DCAC or other serious crimes.
  

Because of these rules, a person can face decades in prison even on a first offense, and a multi-count indictment can create exposure that is effectively a life sentence.

For a deeper discussion of how DCAC interacts with bond and pretrial release conditions, you may also want to review our article on bail bonds for sex crimes in Arizona.

DCAC Sentencing In Arizona

The exact sentencing range in a DCAC case depends on several factors, including:

• The specific subsection of A.R.S. § 13-705 that applies.
• The age of the child, especially whether the child was under twelve.
• Whether the offense is classified as a first-degree or second-degree DCAC.
• Whether there are prior predicate felony convictions.
  

Below are general examples to illustrate the severity of DCAC sentencing. These are not a substitute for legal advice on any particular case.

Molestation Of a Child

Molestation of a child under fifteen is treated as a first-degree DCAC offense. A first conviction often carries a minimum sentence in the range of ten years in prison, with a presumptive term in the high teens and a maximum in the mid twenties per count. If there are multiple counts, those sentences are usually ordered to run one after another rather than at the same time.

Sexual Exploitation Of a Minor

Sexual exploitation of a minor involving child sexual abuse material usually treats each image or file as its own count. For a child under fifteen, a first conviction commonly carries a minimum of around ten years in prison per count. With consecutive sentencing, even a small number of images can translate into several decades behind bars.

Sexual Conduct With a Minor Under Twelve

Sexual conduct with a child who is under twelve is among the most serious DCAC charges. A.R.S. § 13-705 allows for a life sentence with no eligibility for release until a very substantial number of years have been served. In other cases, the court may impose a term of years within a very high range, even on a first offense.

For less severe DCAC offenses, such as certain forms of sexual abuse, the ranges are lower but still significant and are often measured in several years of mandatory prison.

A complete analysis of sentencing for any specific case should be done by a defense lawyer who can review the exact language of the charges, the applicable subsection of A.R.S. § 13-705, and any prior convictions.

First-Degree & Second-Degree DCAC

Arizona law distinguishes between two broad categories of Dangerous Crimes Against Children.

• First-degree DCAC generally refers to completed offenses, such as actually committing molestation, sexual conduct with a minor, sexual exploitation, or a listed violent offense against a child.
• Second-degree DCAC applies to preparatory offenses such as attempt, solicitation, or conspiracy to commit a listed DCAC crime. These are often charged as class 3 felonies and have their own sentencing grid in A.R.S. § 13-705.
  

Second-degree DCAC offenses still carry mandatory prison exposure and are treated far more harshly than most non-DCAC class 3 felonies.

How DCAC Influences a Child Sex Crime Case

Once the DCAC label appears in a charging document, it changes almost every part of the criminal case:

• Bail and release conditions often become more restrictive. Courts may require high secured bonds or may be reluctant to grant release conditions at all.
• Plea negotiations are dominated by the risk of extreme sentencing. A plea that removes DCAC or reduces a first-degree DCAC to a non-DCAC or second-degree offense can make a dramatic difference in the outcome.
• Trial strategy must account for the possibility that a partial conviction on even a few counts could still amount to a de facto life sentence because of consecutive sentencing.

In addition to the prison terms themselves, a DCAC conviction usually brings lifelong consequences. A person may face long-term registration and supervision requirements, severely restricted housing and employment options, strict conditions of community supervision after release, and lasting damage to family relationships and reputation. 

Common Issues & Defense Strategies In DCAC Cases

Every case is different, but some themes recur in Dangerous Crimes Against Children investigations and prosecutions. A careful defense often focuses on one or more of the following areas.

Age & Time Frame

The State must prove that the child was under fifteen at the time of the alleged conduct. In some cases, records are incomplete or the time frame is vague. When allegations describe a broad period of time over several years, it can be difficult to match specific acts to specific dates, which may affect whether DCAC applies or how many counts are properly charged.

Digital Evidence & Device Access

In cases involving child sexual abuse material, online chats, or social media, the defense may examine:

• Whether the person charged was the one who actually used the device or account.
• Whether files were knowingly downloaded and saved, or were automatically cached or opened in a way the user did not intend.
• Whether other people had access to the home network, device, or online accounts.
• Whether forensic tools and methods used by law enforcement were applied correctly and completely.
  

Digital-evidence issues often arise in pre-charge investigations and in cases involving surreptitious recording of a minor.

Forensic Interviews & Statements

Child statements are often central to DCAC prosecutions. Defense counsel may look closely at:

• How many times the child was interviewed and by whom.
• Whether questions were suggestive or repetitive in a way that could influence the child’s answers.
• Whether adults discussed the case with the child outside the formal interview process.

An expert in child forensic interviewing or child psychology may be needed to review the process and offer an opinion on reliability.

Constitutional Issues

A DCAC case can involve extensive searches of homes, phones, computers, and cloud accounts, as well as controlled confrontation calls or text conversations. A defense lawyer may challenge:

• Whether officers had a valid warrant or a lawful exception to the warrant requirement.
• Whether any statements were obtained in violation of Miranda or were the result of coercion.
• Whether the scope of a search went beyond what a warrant allowed.

In some sex assault and DCAC cases, detectives use a recorded “confrontation call” as part of their investigation. Our separate article on what a confrontation call is and how Arizona uses it in sexual assault cases explains that process in more detail.

DCAC Classification & Overcharging

Not every allegation involving a minor under fifteen actually fits the statutory definition of a Dangerous Crime Against Children. There are cases in which the underlying crime is charged too broadly, or the DCAC enhancement is added in a way that is not supported by the evidence or the statute. Part of an effective defense may include pushing back against the DCAC classification itself.

What To Do If You Are Under Investigation For DCAC In Arizona

People often first learn about a potential DCAC case during the pre-charge or pre-indictment investigation stage, for example when:

• A detective calls and asks for an interview.
• An undercover profile or chat-room contact suddenly identifies as law enforcement.
• Devices are seized, or a search warrant is executed at a home or workplace.

In these moments, it is natural to want to explain yourself or to try to clear up a misunderstanding. That reaction is understandable, but it can be very dangerous in a DCAC context. Statements made during an interview, a recorded phone call, or even a casual text exchange can become key evidence in a later prosecution.

If you sense that you are under investigation or if officers have already made contact, consider the following steps before you do anything else:

• Do not give a statement or agree to a “quick” interview, this is always a law enforcement trap to extract incriminating statements from the accused.
• Do not contact the child, the child’s family, or any potential witnesses about the situation.
• Do not send new messages, emails, social media posts, photos, or videos about the accusations or the people involved. Talk with your lawyer first about how to handle any physical or digital materials.
• Contact a defense lawyer who regularly handles child sex crime and DCAC cases in Arizona. Early advice can help you avoid missteps that are hard to undo later.

Our article on initial appearance court in Arizona sex crime cases explains what to expect in the first court hearing if an arrest has already been made.

Early intervention can sometimes influence how charges are filed, or whether DCAC is alleged at all. It also allows your attorney to begin investigating while memories are fresher and digital records are easier to obtain and review.

How VS Criminal Defense Attorneys Approaches DCAC & Child Sex Crime Defense

VS Criminal Defense Attorneys focuses on representing people accused of serious felony sex crimes and Dangerous Crimes Against Children in Maricopa County and the surrounding areas. Under the leadership of attorney Michelle Villanueva-Skura, the firm handles cases involving:

• Alleged sexual conduct with minors and molestation of a child.
• Online exploitation, luring operations, and child sexual abuse material.
• Pre-charge and pre-indictment representation when detectives and prosecutors are still deciding how to proceed.
  

In DCAC cases, the office often works with forensic specialists, digital experts, and experienced investigators to review evidence independently, to challenge the State’s version of events, and to look for options that avoid DCAC sentencing whenever the facts and law allow.

If you or someone you care about is facing a DCAC allegation under A.R.S. § 13-705, a confidential consultation can give you a clearer understanding of the charges, the potential sentencing ranges, and the legal strategies that may be available in your specific situation. You can also read more about our Dangerous Crimes Against Children defense practice and our broader sex crimes defense services on the main site.

Frequently Asked Questions About DCAC In Arizona

What is a Dangerous Crime Against Children under A.R.S. § 13-705?
A Dangerous Crime Against Children is a felony that appears on the list of qualifying offenses in A.R.S. § 13-705 and that is committed against a child who was under fifteen years old, or against a person the defendant believed was under fifteen in certain sex sting situations. When that classification applies, the case is sentenced under the special DCAC provisions instead of the normal felony ranges.

Is DCAC a separate charge or just a sentencing enhancement?
DCAC is a sentencing classification, not a stand-alone crime. The State still charges an underlying offense, such as molestation of a child or sexual exploitation of a minor. The Dangerous Crime Against Children label controls how the court must sentence if there is a conviction.

What age counts as a child for DCAC in Arizona?
For DCAC purposes, the child must have been under fifteen at the time of the alleged offense. The State has to prove the age of the child, and in some cases the exact timing of the conduct can affect whether A.R.S. § 13-705 applies.

Do DCAC charges always mean prison time?
Most DCAC charges carry mandatory prison if there is a conviction, especially for first-degree DCAC offenses such as molestation, sexual conduct with a minor, sexual exploitation of a minor, and certain violent crimes against a child. There are narrow exceptions for some lower-level or second-degree DCAC offenses, but even those usually involve significant prison exposure.

Can DCAC apply in an online sting where there is no real child?
Yes. Arizona law specifically states that it is not a defense that the “minor” was a fictitious person or an undercover officer, if the defendant believed or had reason to believe they were interacting with a child under fifteen. This is why many internet sex sting operations are charged and sentenced as DCAC cases under A.R.S. § 13-705.

Can DCAC charges ever be reduced or dismissed?
In some cases, yes. Depending on the facts and the strength of the evidence, it may be possible to negotiate a plea to non-DCAC offenses, reduce certain counts, or challenge the evidence to the point that charges are dismissed. Outcomes vary widely based on the specifics of the case, the quality of the investigation, and the issues your attorney can raise.

What should I do if I learn I am being investigated for a DCAC offense in Arizona?
If you learn that you are under investigation, or if a detective has contacted you about a potential DCAC case, you should speak with a defense lawyer before you talk to the police, the alleged victim, or anyone else about the situation. Avoid deleting or altering messages or digital content, and avoid trying to explain things to investigators on your own. An attorney can guide you through the next steps and help you protect your rights from the beginning.

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