The public sexual indecency statute in Arizona makes certain types of consensual sexual activity a crime. If you are charged with this offense, you may face jail or prison time, depending on your record and the facts and circumstances that occurred. Getting help from an experienced sex crimes lawyer might help you to secure a better resolution to the charges against you. Without good legal representation, you risk incarceration, fines, and reputational damage. DM Cantor has gathered the information that you need to understand public sexual indecency charges and what they might mean for you.
Watch this video of David Michael Cantor explain Charges of Public Sexual Indecency in Arizona.
What is Public Sexual Indecency in Arizona?
The crime of public sexual indecency is codified at A.R.S. § 13-1403. Under this statute, public sexual indecency can be charged when a person knowingly or intentionally engages in sexual contact, sexual intercourse, oral sex, or bestiality in the presence of someone else when the defendant acts with reckless disregard about whether the witness would reasonably be alarmed or offended by the sexual activity.
The level of the offense with which you might be charged can vary, depending on the person who witnessed the sexual act. In general, this offense is a class 1 misdemeanor. However, you will be charged with a class 5 felony if the person who witnessed that act was a minor who was under the age of 15.
Indecent Exposure vs. Public Sexual Indecency
Indecent exposure is a separate criminal offense in Arizona that is codified at A.R.S. § 13-1402. Under this law, you can be charged with indecent exposure if you expose your genitals, anus, or your nipples or areolas if you are a woman, to another person in reckless disregard of whether that person might reasonably be offended or alarmed.
While this is similar to the public sexual indecency law, there are some distinctions. Indecent exposure only requires one person to expose himself or herself while public sexual indecency will require two or more people or a person with an animal to engage in public sexual activity. Indecent exposure is also a class 1 misdemeanor unless the person who witnessed the exposure is younger than age 15. In that case, indecent exposure can be charged as a class 6 felony, which is less severe than when a minor under the age of 15 witnesses an act of public sexual indecency.
A prosecutor can decide to charge someone with both indecent exposure and public sexual indecency when that person engages in sexual intercourse, oral sex, or sexual contact in the public view of others. Prosecutors sometimes choose to stack offenses to encourage defendants to plead guilty instead of facing multiple charges.
Potential Penalties for Public Sexual Indecency
The penalties that you might face if you are convicted for public sexual indecency will depend on your criminal record and on who witnessed the sex act.
If you are convicted of public sexual indecency in front of someone who is 15 or older, it is a Class 1 misdemeanor that carries the following potential penalties:
- Zero days up to 6 months in jail
- Fine of up to $2,500
- Additional 84% surcharge on any imposed fines
- Probation for up to 3 years
If you are sentenced to serve a probationary sentence, you may be required to attend classes and counseling as a condition of your probation.
If you committed an act of public sexual indecency in front of a minor who was younger than age 15, you can be charged with a Class 5 felony. A first felony conviction of public sexual indecency carries the following potential penalties:
- Zero days to 1 year in jail with probation
- Prison ranging from 6 months to 2.5 years
- Under A.R.S. 13-801, a fine of up to $150,000
- Additional 84% surcharge on any imposed fines
- 3 years of probation with counseling
If you have a prior felony conviction on your record, you will face the following penalties:
- Prison ranging from 1 year to 3.75 years
- Fine of up to $150,000
- Additional 84% surcharge on any imposed fines
- 3 years of probation with counseling
- Offenses can aggregate with multiple connections
If you have two prior felony convictions that can be alleged, you will face the following potential penalties:
- Prison ranging from three years up to seven and one-half years
- Fine of up to $150,000
- Additional surcharge of 84%
- Three years of probation with counseling
- Offenses can aggregate with multiple connections
If you are convicted of a third or subsequent offense of felony indecent exposure, or public sexual indecency to a minor, when you have two prior felony convictions of indecent exposure or public indecency to a minor under the age of 15, you will face the following potential penalties:
- Mitigated sentence of 6 years in prison
- Minimum sentence of 8 years in prison
- Presumptive sentence of 10 years in prison
- Maximum sentence of 12 years in prison
- Aggravated sentence of 15 years in prison
- Fine of up to $150,000
- Additional 84% surcharge on any imposed fines
- Probation with counseling for up to 3 years
- Offenses can aggregate with multiple connections
Getting legal help from an experienced sex crimes lawyer is important when you are facing charges of public sexual indecency. If you do not retain a highly skilled attorney, you risk being sentenced to months or years in prison and heavy fines.
Is Sex Offender Registration Necessary?
Sex offender registration is not mandatory for all public sexual indecency convictions. However, if you are convicted of a second felony offense of committing public sexual indecency to a minor under the age of 15, you will be required to register as a sex offender.
You will also be required to register as a sex offender if you are convicted of three misdemeanor public sexual indecency convictions. The length of your potential registration requirement will depend on the results that you obtain on your risk assessment and could range from multiple years up to lifetime registration.
Collateral Consequences of a Conviction
Any criminal conviction can cause consequences beyond the criminal penalties that you might face. When your conviction is a sex crime, it can cause even more problems. You may have problems finding a job when prospective employers ask you to complete a criminal background check. You may also have problems finding an apartment or house to rent. A public sexual indecency conviction can also lead to stigma and cause you to feel humiliated.
If you have several convictions and are forced to register as a sex offender, the fact that you have been convicted will be publicized on the registry. Finally, if you are a lawful permanent resident, you may face deportation and removal proceedings if you are convicted of public sexual indecency even if you have lived in Arizona for years.
Potential Defenses to Charges of Public Sexual Indecency
Several different defenses might be available to you against a charge of public sexual indecency, including the following:
- The third-party witness was not acting as a reasonable person
- The defendant did not act recklessly
- Violation of Miranda Rights
- Denial of your right to counsel
The strongest defense to a charge of public sexual indecency is showing that the third-party witness was not acting reasonably by being offended or alarmed by the sexual act that was committed by the defendant. For instance, many cases that allege public sexual indecency occur inside of adult bookstores when an officer goes inside of the bookstore to catch someone engaged in sexual activity. In this scenario, the defendant could argue that the officer could not have been reasonably offended or alarmed to see people engaged in sexual activity inside of the adult bookstore because of the nature of the products that are available inside and x-rated movies that might be played in video booths.
Similarly, you might be able to defend against the element of the statute that requires that you act recklessly about whether a third-party witness could be offended or alarmed. If you were trying to hide what you were doing in a darkened corner or in a parked vehicle at night in the dark in a remote location, you could argue that you were not acting recklessly since you were trying to prevent others from seeing what you were doing. In this scenario, you could argue that you were acting cautiously, but a police officer purposely tried to catch you in a sex act. If the prosecutor cannot prove all of the elements of the crime of public sexual indecency against you beyond a reasonable doubt, your charges might be dismissed, or you might be acquitted.
Your criminal defense lawyer should thoroughly review the evidence and reports in your case to look for any violations of your constitutional rights. Two potential violations that commonly occur in public sexual indecency cases include violations of the defendants’ Miranda rights and denials of the defendants’ rights to an attorney.
When you are taken into police custody, the police must properly advise you of your rights under Miranda v. Arizona, 384 U.S. 436 (1966). Under this seminal case, the police are required to read you your rights before they can interrogate you. If the officers fail to Mirandize you or improperly advise you of your rights, any self-incriminating statements that you might have made following the Miranda violation may be suppressed. Your attorney will also review your interrogation to determine whether your statements were made voluntarily. If you were coerced into making an admission because of improper questioning and coercion, your statements might be inadmissible.
You also have a right to ask for a lawyer. If you asked the police for an attorney, the questioning is supposed to stop. If the police denied your right to talk to an attorney and persisted in asking you questions, any incriminating statements that you made may be suppressed. When statements are suppressed, that means that they are deemed to be inadmissible as evidence against you in the prosecutor’s case. The prosecutor will not be allowed to introduce suppressed statements in the criminal case against you at trial.
Another potential defense in some public sexual indecency cases might occur when you were falsely identified as the person who committed the public sexual act. This might occur when the people who were engaged in the public sexual activity managed to escape before the police arrived. If the police subsequently used a flawed photo lineup procedure to secure an identification of you, the identification may be thrown out. When this occurs, the prosecutor may have no choice than to dismiss the charges against you.
Finally, police often submit sloppy reports that contain false statements or misleading statements. If the officer in your case submitted a report that contains false or misleading statements, your lawyer will work to expose them. This can help in a trial by demonstrating that the officer’s testimony lacks credibility.
Why Getting Help from a Lawyer is Important
A charge of public sexual indecency should not be treated lightly. As a sex offense, a public sexual indecency conviction is treated harshly under Arizona law and can also subject you to ongoing consequences throughout your life. The potential consequences of this type of offense make it important for you to retain a lawyer who has substantial experience defending against sex crimes allegations and who also has a track record of success. Having the help of an experienced and skilled sex crimes lawyer might help you to win the dismissal of your charges or to obtain an acquittal at trial.
At DM Cantor, our attorneys are listed in the Bar Register of Preeminent Lawyers, and David Michael Cantor is a certified criminal law specialist through the Arizona Board of Legal Specialization. We understand how to defend against sex crimes allegations and have successfully defended numerous clients against public sexual indecency charges.
Call us today at 602-691-5907 to schedule a free and confidential consultation.
For more information about charges of Public Sexual Indecency, view our parent site for DM Cantor.
[ratemypost]