Indecent Exposure Attorney in Phoenix
Charged with Indecent Exposure? We're Here to Help.
In Arizona, indecent exposure can be charged as either a misdemeanor or a felony, depending on the circumstances. If charged as a felony, the defendant could face up to 12 years in prison and 15 years for an aggravated indecent exposure offense. In addition to prison time, people convicted of indecent exposure have to register as sex offenders. If you are facing an indecent exposure allegation, we're here to help.
Contact our Phoenix indecent exposure lawyers at MayesTelles PLLC for your FREE consultation.
Indecent Exposure in Arizona– A.R.S. § 13-1402
Arizona's indecent exposure law can be found in Section 13-1402 of the Arizona Revised Statutes.
A person commits indecent exposure if he or she exposes his or her genitals or anus or she exposes the areola or nipple of her breast and another person is present, and the defendant is reckless about whether the other person, as a reasonable person, would be offended or alarmed by the act. This does not include an act of breast-feeding by a mother.
The severity of an indecent exposure charge can vary. For example, a person who exposes themselves to an individual over the age of 15 could be charged with a Class 1 misdemeanor, but if it is the defendant’s second or subsequent charge, it can be considered a Class 6 felony. If the person already has two or more felony convictions or exposes themselves to a minor under the age of 15, it can be charged as a Class 3 felony.
Degrees of indecent exposure charges are as follows:
- Class 1 misdemeanor: If the victim was 15 years or older
- Class 6 felony: If the defendant has prior indecent exposure violations
- Class 3 felony: If the victim was under the age of 15
The minimum prison term for a person convicted of a Class 3 felony is eight years in prison.
Aggravated Indecent Exposure
The indecent exposure statute does allow harsher penalties for those convicted of aggravated indecent exposure. Aggravated factors are detailed in ARS § 13-701 sections D and E.
Under Arizona law, aggravating factors can include:
- The victim was over the age of 65 or living with a disability
- The defendant is a public servant
- The defendant had an accomplice
- The act caused physical, emotional, or financial harm
- The defendant threatened or caused actual harm
In Arizona, an aggravated indecent exposure charge is punishable by 15 years in prison.
Sex Offender Registration Requirements
All states determine risk level and registration requirements differently for sex offenders. In Arizona, the agency responsible for the defendant completes a “risk assessment screening profile.”
Those who have been convicted of their second or subsequent indecent exposure or public sexual indecency charge involving a minor under the age of 15 would be required to register as a sex offender in Arizona, as would those who are convicted of their third indecent exposure charge, regardless of the victim's age.
Being a registered sex offender can limit where you live, where you can work, and other aspects of your life. If you are currently facing indecent exposure charges, call our indecent exposure lawyers in Phoenix.
Contact MayesTelles PLLC to Discuss Your Defense
If you are facing an indecent exposure charge in Arizona, don't waste any time in contacting an attorney. Our indecent exposure attorneys at MayesTelles understand that this may be a difficult time for you. We want to stand in your corner and guide you through the process from start to finish. We aim to defend your rights and freedom. Our firm is available to take your call 24/7, so don't wait to get started on your defense.
Call us at (602) 428-7104 for a free consultation. Our lawyers can explain your legal rights and options.