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What You Need to Know About ARS 13-1403
According to Arizona Revised Statute (ARS) 13-1403, public sexual indecency is the act of knowingly and/or intentionally engaging in a sex act in a public place. Such sexual acts might include masturbating, intercourse between two (or more) people, making physical and/or oral contact with someone who is not a willing or consenting partner, or simply exposing any of the sexual or anal organs of your body.
In order for a person to be convicted, the judge in the case must rule that such exposure on the part of the defendant was “reckless” according to ARS 13-1403.
Beyond this, if the person or persons are found to be of sound mind, and the person(s) who witnessed the event(s) against their will were traumatized, offended, alarmed, or found the behavior of the defendant(s) to generally be reckless and careless, the courts are somewhat powerless to protect those that the prosecution finds guilty of indecent exposure.
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Key Elements of Public Sexual Indecency Laws in Arizona – ARS 13-1403
Overview of These Criminal Charges
At the Law Office of Daniel Hutto, we understand that facing charges of public sexual indecency in Arizona can be a distressing and complex experience. If you or someone you know is dealing with such allegations, it’s important to understand the laws, potential consequences, and the ways in which a skilled criminal defense lawyer can help safeguard your rights.
Arizona Revised Statutes § 13-1402 outlines several key elements that need to be established to prove public sexual indecency. These include:
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- Location and Visibility: The act must occur in a public place or a location where the accused should reasonably expect to be observed by others.
- Intent: The accused must have acted intentionally to commit a sexual act or expose themselves with the intent to arouse or satisfy sexual desires.
- Offended or Alarmed: The conduct must be likely to offend or alarm others who witness it.
It’s important to note that the law seeks to strike a balance between protecting public decency and respecting individual privacy.
For instance, breastfeeding in public is not considered public sexual indecency, as the intent behind breastfeeding is not sexual in nature.
The intent element is crucial in public sexual indecency cases. The accused’s state of mind can play a pivotal role in determining whether the actions were truly indecent or accidental. For instance, a person changing clothes in a public restroom may inadvertently expose themselves, but this would not necessarily qualify as public sexual indecency.
Penalties for Public Sexual Indecency
Harsh Reality of the Penalties
When it comes to the act of public sexual indecency, punishments are largely decided based on who saw the event, what his or her proximity was, how old the witness was, and so on.
Penalties and sentencing for public indecency range quite a bit, mainly based on how many times the defendant has been caught exposing him or herself in public.
As a first-time offender, most people convicted of public sexual indecency will be found guilty of a class 1 misdemeanor along with:
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- Probation is anywhere from 0 days to as much as 6 months in jail
- Probation up to 3 years
- A fine of as much as $2,500, along with a surcharge of 84%
- Importantly, if the witness of the indecency was under the age of 15 years, other penalties, including more extensive fines and longer misdemeanor probation, may be added to the class 1 misdemeanor charge.
For first-time offenders found guilty of a class 5 felony, penalties change with the nature of the crime to include:
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- 0 days to 1 year in jail or 6 months up to 2.5 years in prison
- Probation upon release
For those convicted of public sexual indecency in Arizona who have a single prior felony conviction, the option for probation or jail is taken off the table, and the sentence becomes 1 to 3.75 years in prison.
If the defendant is convicted of public indecency and already has 2 prior felony convictions on his record, probation, and jail are taken off the table, and sentencing once again changes to a minimum of 3 years to a maximum of 7.5 years in prison.
Defenses Against Public Sexual Indecency Charges
The Defense You Need for Serious Crimes
When facing public sexual indecency charges, creating a winning defense is crucial. Several tactics can be explored based on the circumstances of the case:
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- Lack of Intent: If the accused did not intend to commit a sexual act or expose themselves with sexual intent, this lack of intent can serve as a defense.
- Mistaken Identity: In some cases, mistaken identity might lead to false accusations. Surveillance footage, witness statements, and alibis can help establish this defense.
- Consent and Privacy: If the actions occurred in a private space, even if visible to others, it might be argued that the expectation of privacy was reasonable.
Understanding the legal landscape of public sexual indecency cases requires a thorough comprehension of the law and a strategic approach to building a defense. Your defense attorney from the Law Office of Daniel Hutto can analyze the specifics of your case and tailor a defense strategy that aligns with your circumstances.
The legal process following a public sexual indecency charge involves various stages, each with its own set of procedures and strategies.
When arrested, you have the right to remain silent and seek legal counsel. It’s advisable to exercise these rights and consult with an attorney before answering any questions from law enforcement.
A strategic defense may involve challenging evidence presented by the prosecution. This could include examining the location of the incident, the visibility of the actions, and the intent behind them. Pre-trial motions can be filed to suppress evidence that was obtained unlawfully or in violation of your rights.
Free Case Review by a Defense Attorney
We understand that the charges you are up against can be embarrassing and confusing and can make it downright hard to hold your head high.
But imagine how you’ll feel walking out of court knowing that your side of the story was heard — that the actual truth was revealed and that the lies that were flying around the rumor mill are on their way out.
With the help of the Law Office of Daniel Hutto, you can make that happen. When you’re ready for a criminal defense lawyer in Arizona who will truly have your back and stand proudly with you every step of the way, give us a call for your 100% FREE legal consultation. Call us now at 602.536.7878 to get started today!
