Indecent Exposure Charges
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Indecent exposure can be charged as a misdemeanor or a felony, depending on the circumstances. If 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.
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Arizona Revised Statutes § 13-1402
Arizona's indecent exposure law can be found in § 13-1402 of the 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 or breasts 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. Indecent exposure does not include an act of breast-feeding by a mother.
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 two or more 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. Those include, but are not limited to –
- Threatened or actual serious injury
- Having an accomplice
- The defendant was a public servant
- Physical, emotional or financial harm
- The victim was 65+ or living with a disability
Sex Offender Registration Requirements in Arizona
All states determine risk level and registration requirements differently for sex offenders. In Arizona, the agency responsible for the defendant completes something called a “risk assessment screening profile.” This test evaluates an offender based on 19 factors. The test is primarily geared and finding out how likely the offender is to reoffend. Everyone convicted of indecent exposure (second or subsequent violation to someone 15 or younger, or third or subsequent violation) will have to submit to the Arizona Risk Assessment to determine sex offender registration requirements.
Contact MayesTelles PLLC to Discuss Your Defense
If you are facing an indecent exposure charge, don't waste any time in contacting an attorney. Our Phoenix sex crime lawyers are ready to build a defense for you.
Call us today for a free consultation and we can
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