If a male has sex with a female who is unconscious from alcohol, what crime could he be arrested for under ARS?

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The situation described falls under the definition of sexual assault according to Arizona laws, particularly because the female is unconscious and unable to give consent due to intoxication. In Arizona, sexual assault is defined as engaging in sexual contact or sexual intercourse with another person without their consent. When a person is incapacitated—whether due to alcohol, drugs, or other reasons—they cannot legally consent to sexual activity. Therefore, the act of having sex with someone who is unconscious is considered sexual assault.

While other choices like "assault," "battery," and "rape" also relate to crimes involving physical interaction, they do not specifically capture the legal context of engaging in sexual acts without consent due to incapacitation. Rape also could be considered in this context, but sexual assault is specifically the charge that best matches the scenario presented when looking at the nuances of consent and capacity.

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