Last week, a jury found former Senator Tony Navarrete guilty of one count of sexual conduct with a minor at least 15 years old, a class 6 felony for which the Democrat faces up to two years’ imprisonment.
A class 6 felony is the least severe type of felony. It carries a prison sentence of anywhere from about four months to two years; however, the court may convict as a class 1 misdemeanor since Navarrete is a first-time offender. That means Navarrete may receive probation instead of imprisonment.
“[I]f a person is convicted of any class 6 felony not involving a dangerous offense and if the court, having regard to the nature and circumstances of the crime and to the history and character of the defendant, is of the opinion that it would be unduly harsh to sentence the defendant for a felony, the court may enter judgment of conviction for a class 1 misdemeanor and make disposition accordingly or may place the defendant on probation in accordance with chapter 9 of this title and refrain from designating the offense as a felony or misdemeanor until the probation is terminated.” – A.R.S. 13-604
Under state law, sexual conduct with a minor at or over 15 years old would qualify as a more serious felony charge — class 2 as opposed to class 6 — if the perpetrator was in a position of trust and not eligible for a suspension of sentence, probation, pardon, or release from confinement.
The jury rejected a second charge of sexual misconduct with a minor and a charge of child molestation. Prosecutors dismissed the charge of attempted child molestation about a week before the jury verdict.
Last week’s verdict was part of a retrial; Navarrete’s first trial ended in a mistrial last October.
There were originally seven charges laid out in the 2021 indictment against Navarrete — one count of child molestation, three counts of sexual misconduct of a minor, two counts of sexual conduct with a minor, and one count of attempted child molestation.
The indictment alleged that Navarrete molested two children from 2017 through 2020, nearly the same period of time in which he served in the legislature.
At the time of his arrest, Navarrete was anticipated to announce his run for the Arizona Treasurer’s race. He resigned from the legislature shortly after his arrest. Then-Representative Raquel Terán took over Navarrete’s seat. Terán was the Arizona Democratic Party chairwoman at the time.
During his stint in the legislature, Navarrete founded the LGBTQ Legislative Caucus and served as leadership for the Latino Legislative Caucus.
The former legislator was also the longtime activist and leader with Promise Arizona (PAZ), a nonprofit focused on immigration reform and voter registration. PAZ has focused on overturning or preventing policies and laws ensuring lawful immigration, such the controversial SB1070 enabling law enforcement to request or obtain an individual’s proof of citizenship during routine traffic stops.
Navarrete’s mother was an illegal immigrant.