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A.R.S. § 13-1418. Sexual misconduct; behavioral health professionals; classifications

A. A behavioral health professional certified pursuant to title 32, chapter 33 or a psychiatrist or psychologist licensed pursuant to title 32, chapter 13, 17 or 19.1 commits sexual misconduct by intentionally or knowingly engaging in sexual intercourse with a patient who is currently under the care or supervision of the certified behavioral health professional, psychiatrist or psychologist.
B. Sexual misconduct by a certified behavioral health professional, psychiatrist or psychologist is a class 6 felony.
C. This section does not apply to any act of sexual conduct that occurs between a certified behavioral health professional, psychiatrist or psychologist and a patient after the patient has completed a course of treatment or if the patient is not under the care of the certified behavioral health professional, psychiatrist or psychologist.

A.R.S. § 13-1419. Unlawful sexual conduct; correctional employees; prisoners; classification

A. A person who is employed by the state department of corrections, a private prison facility or a city or county jail or who contracts to provide services with the state department of corrections, a private prison facility or a city or county jail commits unlawful sexual conduct by engaging in oral sexual contact, sexual contact or sexual intercourse with a prisoner who is in the custody of the department, a private prison facility or a city or county jail or with an offender who is under the supervision of the department or a city or county.
B. A prisoner who is in the custody of the state department of corrections, a private prison facility or a city or county jail or an offender who is on release status and who is under the supervision of the state department of corrections or a city or county commits unlawful sexual conduct by engaging in oral sexual contact, sexual contact or sexual intercourse with a person who is employed by the state department of corrections, a private person who is employed by the state department of corrections, a private prison facility or a city or county jail or who contracts to provide services with the state department of corrections, a private prison facility or a city or county jail.
C. This section does not apply to:

1. A person who is employed by the state department of corrections, a private prison facility or a city or county jail or who contracts to provide services with the state department of corrections, a private prison facility or a city or county jail or an offender who is on release status if the person was lawfully married to the prisoner or offender on release status before the prisoner or offender was sentenced to the state department of corrections or was incarcerated in a city or county jail.
2. An offender who is on release status and who was lawfully married to a person who is employed by the state department of corrections, a private prison facility or a city or county jail or who contracts to provide services with the state department of corrections, a private prison facility or a city or county jail if the marriage occurred prior to the offender being sentenced to the state department of corrections or incarcerated in a city or county jail.

D. Unlawful sexual conduct is a class 5 felony.

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