ARS 13-1203(A)(3) Interpretation

In In re Jeremiah T., 212 Ariz. 30, 33, P6, 126 P.3d 177, 180 (App. 2006), the Court vacated Jeremiah's adjudication of delinquency based on a violation of A.R.S. 13-1203(A)(3) because the State had sought the judgment only under 13-1203(A)(1), and the former provision is not a lesser-included offense of the latter. In reaching this conclusion, the court relied on State v. Mathews, reiterating that "touching" within the meaning of 13-1203(A)(3) "does not require a direct, person-to-person physical contact. Instead, it is sufficient if the defendant sets in motion a force or process that produces some sort of contact with the victim." Id. at 33, P 6, 126 P.3d at 180.