Click on the Triangle Icon to Expand Menu

Arizona Public Sexual Indecency - ARS 13-1403 / Indecent Exposure ARS 13-1402

– FOR IMMEDIATE HELP CALL (602) 825-2500

Arizona Public Sexual Indecency

Sex crimes are some that carry the most amount of stigma in the state of Arizona. Indecent exposure and public sexual indecency are some of the most common. Both have misdemeanor and felony charges associated with them, and they may require registration on the sex offender list.

Whether you receive a misdemeanor or felony does not matter. What you should know, however, is that your reputation will likely face damages with either. Seek out the help of a sex crimes defense attorney at Colburn Hintze Maletta who can provide you with the assistance you need. They will be with you every step of the way.

Charged with Public Sexual Indecency or Indecent Exposure? Get Immediate Help from Our Arizona Defense Attorneys. We are Available to Talk Now.

Or, Continue Reading Below About: Arizona’s Public Indecency Laws for 2021

Sexual Indecency – ARS 13-1403

Public sexual indecency only occurs when there is another party present under ARS 13-1403. There should be evidence of reckless behavior in that there is a lack of care about the feelings of the victim.

Acts that classify as indecency include:

  • Sexual contact
  • Oral sexual contact
  • Sexual intercourse
  • Bestiality

Overall, you cannot perform any sexual act in the public sector. It does not matter if there is another consenting, adult party engaged in the behavior with you. Any of the above behaviors could receive a charge of a class one misdemeanor. This label is only if the observing individuals were adults, however.

Sexual Indecency to a Minor

Sexual indecency in front of a minor is a class five felony rather than a misdemeanor. The child would be under the age of 15 for this charge. The same acts as above count as indecent behavior, including:

  • Sexual contact
  • Oral sexual actions
  • Intercourse of any kind
  • Bestiality

There must be proof of recklessness for you to face penalties for this crime, no matter the victim. A lack of evidence of rash decision-making can be a verifiable defense your attorney can pursue.

Example of Sexual Indecency in Arizona

If two adults go on a date and begin to engage in sexual intercourse in a restaurant, they will likely face a class one misdemeanor. If there are children present in the locality, it changes to a class five felony.

What is considered Sexual Contact in Arizona?

When considering the lists of the acts that count towards public indecency, you may wonder what the first one, sexual contact, is. ARS 13-1401 defines this behavior as touching or manipulating the genitals, the anus, or the breast.

The act can occur with an object rather than a human body part too. You must understand that in some localities, sexual contact may seem normal. A defense attorney for sexual contact could prove you were in an adult nightclub, for instance, where a sensual act or sexual contact could be provoked by the other party.

Public Indecency Consequences

Penalties vary when charged with a crime under ARS 13-1403. They are dependent on whether the act was a misdemeanor or felony and on the perpetrator’s record. Misdemeanors Remember, a class one misdemeanor for public indecency occurs when the observers are adults. Potential penalties include:

  • Up to 6 months of jail time
  • $2,500 fine

First-Offense Felonies – Felonies for public indecency involve the presence of a minor in the audience who is under the age of 15. The penalties are much harsher for the class five felony.

  • Probation
  • 6 months to 2.5 years in prison

Second-Offense Felonies – For a second offense, even for a different crime, you will likely receive prison time. Consequences include:

  • 1 to 3.75 years in prison
  • Probation

Third-Offense Felonies – Third offenses face the harshest sentencing. If you have no prior sex crimes on your record, consequences may include:

  • Probation
  • 3 to 7.5 years of jail time

When facing a third offense with two previous records of sex crimes, you will receive the worst penalties. Sentencing is much longer.

  • 6 to 15 years of prison
  • Probation

Effective Defenses to Public Indecency

No Offensive Act – For public indecency to stand, you have to offend someone. Your public indecency defense attorney, as mentioned above, will consider the context of where the act took place.

Lack of Recklessness – As a defendant, you must also prove that you were reckless in your sexual act for a conviction. If a police officer turned the corner and caught you engaging in the behavior with no one else around, there is a lack of sufficient evidence for the crime. You were likely in an attempt to engage in a sexual act with your significant other quickly, hoping there was no one else around.

Indecent Exposure in Arizona – ARS 13-1402

Indecent exposure is a crime under statute ARS 13-1402. This crime occurs when the perpetrator shows any of the below body parts to another person recklessly. So long as the victim is over 15 years old, this act is a class one misdemeanor. The same is true if there are no previous convictions.

  • Genitals
  • Anus
  • Nipple and areola on the breast

Again, like with public indecency, the victim would feel offended. It is important to note, however, that breastfeeding is not a crime.

Indecent Exposure to a Minor

Exposure of one’s sexualized body parts to a minor is a class six felony. The victim would be under the age of 15. The body parts shown are the same, including:

  • Genitals
  • Anus
  • Breast nipples and areolas

How Prior Convictions can Increase Penalties

If you expose any of the above body parts with a prior conviction on your record, you will also face a harsher charge. The act is a class six felony, for instance, when you have previous engagements in this crime. When you have previous convictions of sexual assault on your record, you will face a class three felony after an exposure charge. ARS 13-1406 defines the limits of this other crime. Finally, if you have at least two prior convictions for felonies, you will face a charge of a class three felony. Again, the victim must be under the age of 15.

Penalties for the Class Six Felony

Class six felonies occur when you expose yourself to an adult after at least two previous convictions. The same charge occurs after this act happens with a minor under 15 years old for the first time. Penalties include:

  • Probation
  • 4 months to 2 years in prison

Penalties for Class Three Felonies

Class three felonies occur when you have prior convictions of sexual assault. The charge also comes when you have two previous instances of facing a felony due to exposure. Consequences are:

  • At least 6 to 15 years in prison
  • Probation

Class One Misdemeanor Penalties

Class one misdemeanors for sexual exposure occur with first-time convictions with a victim who is over 15 years old. These least severe penalties include:

  • Up to 6 months in jail
  • Up to 3 years of probation
  • $2,500 fine

Defenses for an Indecent Exposure Charge

When charged with ARS 13-1402, a defense attorney can help you with your case. Many of the same defenses for public indecency exist with exposure-related crimes.

Lack of Offense

First, an attorney can try to prove that the victims did not find offense. This defense will only work if the crime is against an adult. Again, the law team will examine the act’s context, including one’s presence in a sex shop.

Lack of Reckless Behavior

An attorney can also try to prove that you did not engage in the act recklessly. If you wanted to change clothes quickly in a dark alley without anyone seeing you, for instance, you could have a possible defense. If an undercover police officer suddenly came up to you while switching outfits, you should not face a charge.

Contact a Sex Crimes Defense Attorney Immediately

After receiving a charge for a sex crime, you may worry about what to do next. A defense attorney can help you understand the statutes surrounding the actions you took part in, finding a defense that could work for your specific circumstance.

Whether you exposed yourself or engaged in public indecency, your lawyers can help determine if you intended for anyone to see and the location of the behavior.

The sex crime attorneys at Colburn Hintze Maletta have countlessly defended and won criminal cases of sexual indecency and indecent exposure for their clients. Call us immediately at (602) 825-2500 to discuss during a free consultation.

Always Available 24/7 for Legal Help Schedule an Appointment Today!

Call Us Now to Speak with an Attorney (602) 825-2500

What People Say

Client Testimonials

Arizona attorney Darin Colburn

“The calm in the middle of my storm…”

I, recently, consulted with Darin after my wife filed for divorce. He was referred to me by a friend whom I very much trust. Darin was the antithesis of the first two attorneys I consulted (who were matter-of-fact and had very little empathy about the fact that I was struggling emotionally with what was transpiring). From the first few minutes of speaking with Darin, it was obvious that he was very knowledgeable and skilled with divorce and family matters. While that was most important to me, the thing that made the difference was his calming, logical, and empathetic approach. He took the time to listen and empathize with me. He took the time to understand what I wanted to achieve through this process and laid out my options. After the consultation, I knew he would be my attorney if I had to pull the trigger. I, ultimately, didn’t have to engage Darin’s services due to a reconciliation with my wife. I hope I never have to go through that process again, however, if I do, I know beyond a shadow of a doubt who I will be hiring to represent me…Darin R. Colburn. Darin, thank you for caring and being more than an attorney.

Frank - AVVO Review

Divorce / Reconciliation Client
Attorney David Maletta

“There is NOBODY I would rather have defending me than David”

I hired David Maletta and it was the best decision of my life. His knowledge, genuine interest, overall attitude, and ability to connect with people is incomparable. I could talk about all of this at length. I COULD do all of that, but that wouldn’t do David justice. He first and foremost demonstrates his interest and genuine care for his client. Being in uncharted territory with a criminal charge and nowhere to turn, David’s presence and personality put all nerves at ease. I went through a jury trial with David beside me. The trial ran for 3 days and I spent a significant amount of time with David one-on-one. During this stressful time, he wanted to hear my input and thoughts on everything. David was incredible from the first day I met him. Not only is he a great attorney, but he is also a great person who cares about people and finding justice for his clients. He connects to the human side of people. I can’t put into words how much David cares about the individual in a case. When it comes to the courtroom, there is NOBODY I would rather have defending me than David.

Jacob - AVVO Review

DUI Defense Client
Arizona attorney Darin Colburn

“Because of Darin I got my daughter back”

Before I hired Darin I went through a total of 3 different attorneys in two different states fighting a jurisdiction battle, when my daughter was taken to a different state. It was a very difficult decision to switch attorneys at one of the most difficult, time sensitive and important times in my case, but I’m very glad I did. Upon receiving my file from previous attorneys Darin came very familiar with my case quickly. Like other people have explained he took the time to lay everything out and explain how the process was going to proceed and what to expect and continued to do this as new issues arrived. He is also very quick at responding to emails and phone calls. My case was getting close to trial as told by my previous attorneys, I did not want to go to trial as I know this is very costly (most attorneys will convince you that you need to.) Darin knew my situation, fought for what was right and got the results I wanted while avoiding a costly trial. He is extremely knowledgeable in the Child Support Guidelines as well. Because of Darin I got my daughter back. I would highly recommend him and would hire again for any future issues. Thanks Darin!

Chris - AVVO Review

Child Custody & Support Client
Attorney David Maletta

“I was found NOT GUILTY. Dave won the trial for me.”

Dave stayed with me while he pushed back and forth with Covid-19 and the delays with court. Once cited, the state basically decides that you’re guilty through the automatic suspension of your drivers license. Dave immediately took care of that problem and I never lost the privilege of driving. Dave took notes like crazy and was upfront about our uphill battle. I was also well aware that the plea deal that was given to us, was unacceptable and through Dave’s knowledge and experience I had put my trust in him to guide me to make the right decision on how to proceed. With Dave’s guidance I had decided that we needed to fight for something better than what the prosecutor was offering and Dave was 100 percent behind me on that decision. We knew the risks, be we also knew we had very little to lose based on the prosecutions stance. We decided to go to trial… Watching the prosecution and then watching Dave was night and day!! It was clear to the jury that the prosecution didn’t have their facts straight and were not addressing the facts that they could not address…There was a lot at stake for my personal life and my work life. I was found NOT GUILTY. Dave won the trial for me.

Gregory - AVVO Review

Criminal Defense Client
Arizona Attorney Timothy Hintze

“Tim was absolutely amazing and worked diligently”

I had an incident and was Given the catch-all charge. There wasn’t really anything I could do by myself to get out of it. Tim was absolutely amazing and worked diligently to ensure that I would have the best possible outcome from my case. Which he successfully achieved! As of right now I am on the path to having my case fully dismissed. A couple things that really helped me through this process was that Tim did an amazing job at was answering my questions. He was available almost anytime and would respond promptly when he got my emails. He was also very approachable and comforting to be around while we had in person meetings and especially when I was at the court house. I would trust him and the company he works for with any other cases in the future and as of right now they will be my first choice if I need a lawyer in the future.

Dylan - AVVO Review

Criminal Defense Client
Arizona Attorney Timothy Hintze

“Listens to every request that you make on a case”

I honestly just want to let it be known to any and everyone looking for an attorney on a case. Whether it be DUI, possession, or your every day to day traffic violations where you need representation attorney Tim Hintze is your man. You have to respect a man that listens to every request that you make on a case and he gets in there and gets it done. Tim has my respect as an attorney and being a well-rounded representer. From him being honest on the possibility and options for your case to him being easy to work and communicate with via over the phone or face to face Mr. Hintze is working it out.

Ben - AVVO Review

Criminal Defense Client
Call Now Button