State v. Getz
In State v. Getz, 189 Ariz. 561, 564, 944 P.2d 503, 506 (1997), the court rejected the state's argument that 13-1407(B)'s reference to a minor victim's "incapacity to consent" relieved the state of its burden to prove, for purposes of A.R.S. 13-1404, that a defendant had "engageed in sexual contact with any person who is fifteen or more years of age without consent of that person," where "without consent" had been defined by statute and did not include incapacity due to age. Getz, 189 Ariz. at 563-64, 944 P.2d at 505-06.
In holding the defense provided in 13-1407(B) could not be reconciled with 13-1404, and would not apply to prosecutions under that statute, the court stated, "section 13-1407(B) will still apply to prosecutions under A.R.S. 13-1405, sexual conduct with a minor." Getz, 189 Ariz. at 565, 944 P.2d at 507.