Posted on August 2, 2023 in Criminal Defense,Sex Crimes

Indecent exposure is the crime of exposing an individual’s private parts with a reckless disregard as to whether a person who was present at the time would be offended or alarmed by the act. If you are convicted of indecent exposure in Arizona, you could face a variety of potential consequences that can have a major impact on your life.

Misdemeanor Indecent Exposure Penalties

According to Arizona Revised Statutes Section 13-1402, it is a misdemeanor crime to expose the genitals, anus, or areola or nipple of the breast while another person is present if the defendant is reckless about whether the other person – as a reasonable person – would be offended or alarmed by the exposure. This crime does not include breastfeeding by a mother. The penalties for misdemeanor indecent exposure in Arizona include: 

  • Up to 6 months in jail 
  • A fine of up to $2,500
  • Up to 3 years of probation
  • Mandatory classes and counseling
  • Registration as a sex offender

Registering as a sex offender means the defendant’s name will be permanently visible on a public list of sex offenders in Arizona. This comes with special rules and requirements, such as having to notify the city of a move to a new location. Being a registered sex offender can also impact job opportunities and the ability to travel internationally. An individual’s sentence may be enhanced if he or she has prior misdemeanor convictions for indecent exposure or other sex crimes.

Felony Indecent Exposure Penalties

If a defendant has two or more prior felony convictions for a violation of Arizona’s indecent exposure or sexual assault law (Arizona Revised Statutes Section 13-1406), a third or subsequent conviction will be classified as a Class 6 felony. Indecent exposure in front of a person who is under the age of 15 is also a Class 6 felony. The penalties for this felony crime include: 

  • 4 months to 2 years in prison
  • Up to $150,000 in fines
  • Potential lifetime probation
  • Mandatory classes and counseling
  • Registration as a sex offender

In addition, it is a Class 3 felony if a person is convicted of felony indecent exposure and has two or more prior felonies for a violation of this law or of Arizona’s public sexual indecency law (Arizona Revised Statutes Section 13-1403). The penalties for someone who is guilty of a Class 3 felony include a term of imprisonment of 6 to 15 years.

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How to Protect Yourself if Charged With Indecent Exposure

Do not take an indecent exposure charge lightly. Arizona is known for penalizing sex crimes harshly. The best way to protect yourself is by hiring a Mesa sex crimes lawyer to represent you. An indecent exposure attorney can search for defenses based on the specific circumstances of your case, such as the evidence against you and your criminal history. Potential defenses include:

  • Lack of intent to expose yourself
  • The exposure occurred while you were not in view of the public
  • False allegation
  • Wrong defendant
  • Insufficient evidence
  • Police misconduct or constitutional violations
  • Entrapment
  • Mental disability or illness

Court decisions on indecent exposure cases often involve subjective judgments. Hiring an experienced criminal defense attorney can improve your chances of getting your case dismissed or reaching a plea bargain for a reduced charge and sentence. Your lawyer will fight aggressively to achieve the best possible results for your criminal case. For more information, request a free consultation with an attorney at AZ Defenders.