Indecent Exposure – A.R.S. § 13-1402

Although Indecent Exposure is one of the less punished sex offenses in Arizona, it still carries harsh penalties than can follow you forever.  It is also an offense that aggravates – the more convictions you have, the worse it gets.

To prove that you committed Indecent Exposure in violation of Arizona Revised Statutes (A.R.S.) § 13-1402 the State must prove, beyond a reasonable doubt, that you exposed your genitals or anus, or if you are a woman, the areola or nipple of your breast, and another person was present, and you were reckless about whether the other person, as a reasonable person, would be offended or alarmed by the act.

Breast feeding is specifically excluded by the statute.

Punishment for Indecent Exposure

Like almost all sex offenses, the age of the victim changes the punishment for a conviction for Indecent Exposure for a violation of A.R.S. § 13-1402.

If the victim is 15 years or older, then Indecent Exposure is a Class 1 Misdemeanor.  A Class 1 Misdemeanor carries a maximum punishment of $2,500 in fines (plus surcharges), 6 months in jail, and up to 3 years of probation.  Registration as a sex offender is discretionary, meaning the sentencing judge would be allowed to make that decision.

This aggravates if you have two or more prior convictions for Indecent Exposure or a prior conviction for Sexual Assault.  If that is the case then Indecent Exposure for a violation of A.R.S. § 13-1402 becomes a Class 6 Felony.  A Class 6 Felony carries a potential prison term of 4 months to 2 years, a maximum fine of $150,000 plus surcharges, and probation up to 3 years.  Sex offender registration is discretionary.  If you have prior felony convictions then the prison range can increase and the offense would become ineligible for probation.

If the victim is younger than 15 then a conviction for Indecent Exposure for a violation of A.R.S. § 13-1402 is a Class 6 Felony.  It carries a prison range of 4 months to 2 years, maximum fine of $150,000 plus surcharges, and is eligible for lifetime probation.  Sex offender registration is discretionary.

The aggravating nature of Indecent Exposure continues on, however.  If you are convicted of a felony violation of Indecent Exposure and have two or more historical prior felony convictions for a violation of Indecent Exposure or Public Sexual Indecency to a Minor under age 15, then the offense becomes a Class 3 Felony.  It would carry a mandatory prison range of 6 to 15 years.

How Do You Defend an Indecent Exposure Charge?

An experienced sex crimes attorney attacks the State’s narrative.  This can be done by some of the following techniques:

  • Showing that the exposure alleged was physically impossible
  • Arguing that the other person would not have reasonably been offended or alarmed
  • Ensuring that your Constitutional rights are guaranteed, including your Miranda rights and right to counsel.

Mitigation is also important so as to avoid some of the discretionary punishments, like sex offender registration.  A sex crimes attorney may have you:

  • Conduct a psychosexual risk assessment with a psychologist
  • Gather character references
  • Provide information about your background to the court and prosecutor

An allegation for Indecent Exposure doesn’t have to result in horrible consequences.  These are defensible cases, provided that you know what you are doing.  Gurion Legal offers free consultations for anyone charged with Indecent Exposure.  The first step is discussing your case so we can begin working on a defense custom-built for your case.

“The goal of our Phoenix-based law firm is to defend the best interests of our clients and protect their constitutional right to justice.”