Indecent Exposure vs Public Sexual Indecency in Arizona

Indecent Exposure Under ARS 13-1402 and Arizona Law

Under ARS 13-1402, indecent exposure occurs when a defendant is reckless about whether a minor or adult present would be offended or alarmed by the display of their genitals, anus, or, for a woman, the areola or nipple. The act does not have to involve a sexual act or sexual intercourse—mere exposure is enough if a reasonable person would be alarmed by the act.

Key elements under indecent exposure laws in Arizona:

• The presence of another person or that another person is present is required.
• The exposure can occur in public places or private settings if others can see it.
• It applies to adults and minors, with harsher penalties when it involves sexual indecency to a minor.
• The exposure may be knowing or reckless—meaning you were aware of the risk but ignored it.

When an Indecent Exposure Charge Becomes a Felony

An indecent exposure charge becomes a class 6 felony if it involves sexual indecency in front of a minor under fifteen years of age. This felony violation can carry prison time and may require you to register as a sex offender. Even if there was no act of sexual contact, the fact that it happened in front of a minor triggers harsher penalties.

Penalties for Indecent Exposure in Arizona

The penalties for an indecent exposure conviction depend on the victim’s age, the defendant’s prior felony convictions, and whether the act involved sexual indecency to a minor.

Penalties Table – Indecent Exposure

Public Sexual Indecency Under ARS 13-1403

ARS 13-1403 defines public sexual indecency as occurring when a person commits public sexual indecency by intentionally or knowingly engaging in sexual intercourse, oral sexual contact, or another act of sexual conduct in public places or in the presence of another person who would be offended or alarmed.

This offense is more serious than indecent exposure because it involves an act of sexual intercourse or sexual contact, not just exposure.

Public sexual indecency in Arizona is treated especially harshly when it involves sexual indecency to a minor. Felony public sexual indecency charges are filed when the act occurs in front of a minor fifteen years of age or younger.

Penalties for Public Sexual Indecency in Arizona

The penalties for public sexual indecency vary based on the victim’s age and the defendant’s historical prior felony convictions.

Penalties Table – Public Sexual Indecency

A conviction for public sexual indecency may require you to register as a sex offender, especially for a felony violation of this section.

Defenses for Public Sexual Indecency and Indecent Exposure

Whether you are charged with public sexual indecency or indecent exposure, there are legal strategies to fight the allegations.

Possible Defenses for Public Sexual Indecency

1. No Act of Sexual Contact – Proving no sexual act occurred beyond reasonable doubt.
2. Private Location – Showing the act did not take place in public places or in front of a minor.
3. No Offense Taken – Demonstrating no reasonable person would be offended or alarmed.
4. Mistaken Identity – Misidentification in a public sexual indecency case.
5. Constitutional Violations – Evidence obtained unlawfully.
   

Real-World Examples of Indecent Exposure and Public Sexual Indecency

• Indecent Exposure: A man changes clothes at a Tempe beach and unintentionally exposes his genitals to bystanders.
• Public Sexual Indecency: A couple engage in sexual activity in a Scottsdale park where another person is present.

Conviction for Public Sexual Indecency – Why You Need an Attorney

A conviction for public sexual indecency can result in years in prison, mandatory registration as a sex offender, and a permanent criminal record.

If you are charged with public sexual indecency, having an experienced criminal defense team can make the difference between prison and reduced or dismissed charges.

FAQs About Indecent Exposure or Public Sexual Indecency

1. What’s the difference between indecent exposure and public sexual indecency under ARS § 13-1403?
   Indecent exposure is showing certain private parts, while public sexual indecency involves engaging in sexual acts in public or where others can see.
2. Will I have to register as a sex offender?
   You may, especially for felony convictions involving a minor.
3. Can these charges be reduced?
   Yes, if evidence is weak or through plea negotiations.
4. Do these charges apply only in public places?
   No, they can apply anywhere if someone else can see and be offended.
5. Can intoxication be a defense?
   No, voluntary intoxication is not a legal defense in Arizona.

At the Law Offices of Daniel Hutto, we understand that being charged with indecent exposure or public sexual indecency can be both stressful and embarrassing. These charges carry serious consequences, including possible jail or prison time, sex offender registration, and long-term damage to your reputation. Our goal is to protect your rights and your future from the moment you contact us.

We work closely with clients to examine every detail of the case, challenge questionable evidence, and build strong defenses aimed at reducing charges or achieving a dismissal. Whether you are facing a misdemeanor or felony public sexual indecency charge, allegations of sexual indecency to a minor, or an indecent exposure charge under ARS 13-1402, our team moves quickly to mitigate penalties and protect your freedom.

Attorney Daniel Hutto brings years of experience handling both misdemeanor and felony sex crime cases across Arizona. He understands how prosecutors build these cases and how to counter them effectively in and out of the courtroom. With his knowledge of Arizona law and experience in criminal defense, he is prepared to fight for the best possible outcome in your case.

Call 602-932-1655 today to schedule a free consultation with an experienced defense lawyer. We will listen to your side, explain your options, and work toward a resolution that lets you move forward with confidence.