Arizona Indecent Exposure Attorney

Last Modified: May 9, 2024
Arizona indecent exposure attorney

Are you facing indecent exposure charges? If so, you do not want to be forced to register as a sex offender. At Genesis DUI & Criminal Defense Lawyers, our Phoenix indecent exposure lawyers have experience defending against allegations of indecent exposure in Arizona.

The laws and statutes are based on what a reasonable person would do or expect. Allegations of aggravated indecent exposure can lead to stiff penalties. It would help to have our Arizona indecent exposure attorney in your corner.

Learn more about indecent exposure below. Then, contact our Phoenix indecent exposure attorney to schedule a free consultation.

Our Arizona Indecent Exposure Attorney Explains the Charges

Our Arizona indecent exposure attorney explains the charges

Under the Arizona Revised Statutes, the offense of indecent exposure is straightforward—limited to the public display of one's genitals and/or anus or the exposure of the areola or nipple (by a female defendant).

The act of breastfeeding by a mother does not constitute indecent exposure. The offense requires that the exposure be performed with reckless disregard for the possibility that others may be offended or alarmed by the act. Indecent exposure in the presence of a minor under the age of 15 is a serious felony offense.

Indecent exposure is when a person carelessly shows their private parts while another person who might be offended is around. Private parts include a man or woman's genitals, anus, and a woman's breasts. Indecent exposure does not include the situation where a mother shows her breast while breastfeeding.

Indecent Exposure Is Prosecuted Vigorously in Arizona

In Arizona, indecent exposure charges are taken very seriously and prosecuted aggressively. This crime involves exposing his or her genitals in a public place where such actions are likely to offend others. The laws are designed to maintain public decency and protect individuals from unwanted sexual displays.

Unlike indecent exposure, public sexual indecency involves two people engaging in a sexual act in front of others. Facing indecent exposure charges can lead to substantial legal penalties, including fines, jail time, and potentially having to register as a sex offender.

The consequences of an indecent exposure conviction extend beyond the legal penalties. It can severely impact your reputation, employment opportunities, and personal relationships. The social stigma associated with this type of criminal charge can be devastating.

Our legal team understands the severity of these charges and is committed to providing a vigorous defense for our clients accused of indecent exposure.

Steps To Take If Accused of Indecent Exposure in Arizona

Steps to take if accused of indecent exposure charges
  1. Do not make any statements to the police without an attorney present. Anything you say can and will be used against you in court.
  2. Contact a qualified criminal defense attorney immediately. An experienced lawyer can help protect your rights and guide you through the legal process.
  3. Gather any evidence that could support your innocence. This may include clothing descriptions, witness statements, or contextual information about the incident.
  4. Avoid discussing the incident with anyone other than your attorney. Sharing details about your case can inadvertently harm your defense.
  5. Follow all legal advice provided by your attorney. This includes showing up for all court appearances and adhering to any conditions set by the court.
  6. Stay off social media and refrain from posting about your case. Public comments can complicate your legal strategy.
  7. Prepare mentally and emotionally for the legal battle ahead. Your attorney will help you understand the process and what to expect as your case progresses.

The Potential Penalties for Indecent Exposure Charges

The potential penalties for a conviction for indecent exposure in Arizona depend on several circumstances. They include:

Class 1 Misdemeanor

Indecent exposure is a class 1 misdemeanor if the victim is 15 years of age or older. If a defendant has two or more prior indecent exposure violations, the offense becomes a class 6 felony. Finally, if the victim is under the age of 15, indecent exposure becomes a class 3 felony.

Indecent exposure to a person who is 15 or more years of age is a class 1 misdemeanor, except that it is a class 6 felony if the defendant has two or more prior convictions for a violation of this section or has one or more prior convictions for a violation of ARS. 13-1406. Indecent exposure to a person who is under 15 years of age is a class 6 felony.

Indecent exposure is generally a class 1 misdemeanor, meaning a person convicted could spend up to six months in jail and be fined up to $2,500.

Felony Conviction

The crime becomes a class 6 felony for those who commit an act of indecent exposure in front of a child 15 years or younger, those with two or more prior indecent exposure convictions, and those with a prior sexual assault conviction. A person may spend up to two years in prison and be fined up to $150,000 for a class 6 felony.

For those already with at least two felony indecent exposure convictions under their belt, the crime is a class 3 felony and comes with six to 15 years in prison and up to $150,000 in fines.

A person who is convicted of a felony violation of this section and who has two or more historical prior felony convictions for a violation of this section or ARS. 13-1403 involving indecent exposure or public sexual indecency to a minor who is under 15 years of age is guilty of a class 3 felony.

It shall be sentenced to imprisonment for the following terms: mitigated (six years), minimum (eight years), presumed (10 years), maximum (12 years), and Aggrieved (15 years).

An example of indecent exposure would be Jane lifting her shirt to show her breasts to her boyfriend while her boyfriend's friend is around. On the other hand, Jane exposing her breast to breastfeed her child while others are around would not be considered indecent exposure.

Aggravated Indecent Exposure

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.

How We Defend You Against Allegations of Indecent Exposure

How we defend you against allegations of indecent exposure

Our defense team begins by thoroughly investigating the circumstances surrounding the alleged incident of indecent exposure. We look into the credibility of witnesses, the intent behind the actions, and any possible misunderstandings or misinterpretations.

Understanding the full context of the event is vital for building an effective defense. We also assess the evidence collected by the prosecution to identify any weaknesses or inconsistencies in their case.

In the second phase of your defense, we consider various legal strategies tailored to your situation. This might include challenging the prosecution's interpretation of "public" and "offend," which are key elements in an indecent exposure charge.

We aim to minimize the potential impact of the charges on your life by seeking to reduce or dismiss them altogether. We maintain open communication throughout the process, ensuring you are informed and prepared for each step.

Defense Strategies We Can Use

  • Questioning the public nature of the location. We can argue that the location of the incident was not public or that public exposure was unlikely. This can be critical in cases where the boundaries of public and private spaces are ambiguous.
  • Challenging the witness testimonies. We scrutinize the credibility and reliability of any witnesses. It's possible that witnesses may not have seen the events clearly, or they might be biased in their interpretations of what occurred.
  • Demonstrating lack of intent to offend. Proving that there was no intent to offend others can be a strong defense in indecent exposure cases. We can argue that any exposure was accidental or misinterpreted by others.
  • Utilizing character witnesses. We may bring witnesses who testify to your character and typical behavior patterns. This can help counteract the negative portrayal by the prosecution and demonstrate that the behavior was out of character.
  • Negotiating plea agreements. If the evidence against you is strong, negotiating a plea deal might be the best strategy. We can work to secure a plea that minimizes the charges or reduces the penalties, potentially avoiding jail time or sex offender registration.

We Can Negotiate With the Prosecution for You

Negotiating with the prosecution is a nuanced process that requires a deep understanding of legal tactics and the specifics of your case. Our experienced attorneys know how to present your situation in a way that can lead to reduced charges or even case dismissal.

We evaluate all aspects of your case to leverage any factors that might persuade the prosecution to agree to a favorable deal. Our negotiation skills are particularly beneficial in complex cases where the details are open to interpretation.

In the second phase of negotiations, we focus on achieving outcomes that protect your long-term interests. This includes avoiding sex offender registration, reducing penalties, and maintaining privacy.

We handle all discussions professionally and carefully, upholding your rights and dignity. Let us lead these critical negotiations to secure your best possible outcome.

We Can Take Your Case To Trial

We are fully prepared to take your case to trial if negotiations do not result in a satisfactory outcome. Our legal team is experienced in courtroom procedures and effective trial advocacy. We will present a strong defense, challenging the prosecution's evidence and highlighting doubts about your guilt.

Going to trial is an important step, but with our skilled attorneys by your side, you can be confident that your case is in good hands.

Contact Us For a Free Consultation with Our Arizona Indecent Exposure Attorney

Contact us for a free consultation with our Arizona indecent exposure attorney

Indecent exposure laws are clear. Under the indecent exposure statute, you could face still penalties. When a person commits indecent exposure, they need a strong legal defense. At Genesis DUI & Criminal Defense Lawyers, we can help you.

We are located in Arizona, with locations across the East Valley and offer a free legal consultation with a criminal defense lawyer in Arizona about your criminal charges. Contact us today to schedule a free consultation.

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