A.R.S §13-1402 defines “Indecent Exposure” as the act of someone exposing their genitals, or anus by either a man or woman, or the exposure of the areola, or nipple of the female breast, excluding when breastfeeding a child. Such exposure is considered a Class 1 misdemeanor if the other person present who witnessed the exposure was offended or alarmed and if the person exposing himself or herself was reckless.
The following two things need to be considered about indecent exposure:
Indecent exposure is considered a felony violation and can result in imprisonment. The key thing to note in these cases is that a person who walks into a locker room, or spa, and sees naked people inside cannot claim that they were offended.
Similarly, if someone walked into an adult bookstore, or a shop selling sex toys, they cannot claim to be shocked to see the nature of activities going on or merchandise on display there. Also, if the witness tried to snuck up and witness the indecency, when the defendant was trying to cover themselves up, that cannot be charged as public indecency.
The exposure has to either be unreasonable and the witness has to be “reasonably offended” for it to be considered as indecent exposure.
If the witness to indecent exposure is 15 years or older, the offender will be charged with a Class 1 misdemeanor. However, if the witness was aged less than 15 years, then the crime will be charged as a Class 6 felony.
A person convicted of a felony violation with two or more prior felony convictions for indecent exposure, or public sexual indecency to a minor below the age of 15 years, will be considered guilty of a Class 3 felony.
A Class 1 misdemeanor for Indecent Exposure is punishable by a fine of $2,500 with an 84% surcharge, which is $2,100. The offender also faces jail time from zero months to six months, and probation for up to 3 years with additional counseling and classes.
A first-offense Class 6 felony is punishable by a minimum of zero days up to 1 year in jail, or no probation with 4 months to 2 years in prison.
If the offender has no prior offense, then the prison sentence can be expanded to 2.75 years.
If the offender has two prior felony convictions on record, then the prison sentence gets extended to a maximum of 5.75 years.
If the offender is convicted of a felony violation and has two or more prior felony convictions for indecent exposure or public sexual indecency to a minor under the age of 15 years, the person will be considered guilty of a Class 3 felony. In this cases, the sentence of imprisonment will be mitigated to 6 years, a minimum of 8 years, a presumptive term of 10 years, a maximum term of 12 years, or an aggravated term of 15 years.
When defending an indecent exposure charge, the key thing to prove is that the witness who saw the exposure was actually offended or alarmed. Also, if the defendant was not reckless and was trying to cover himself or herself up, such as in a dark corner, or was trying to grab onto some clothing to limit the exposure, then the defendant will not be charged with indecent exposure.
A criminal defense attorney knows how to handle these cases. Contact the Cantor Sex Lawyers at (602) 307-0808 if you are facing a charge for Indecent Exposure in Arizona. Attorney David Michael Cantor is an Indecent Exposure Lawyer. He is a Certified Criminal Law Specialist and knows how to defend such cases.
Alicia A. Slaughter, Attorney at Law specializes in cases surrounding personal injury and tragic loss in the San Diego Area. Ms. Slaughter has over twenty years of experience as a trial attorney and has successfully represented hundreds of clients with personal injury cases since opening her own law practice in 1992.
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