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 other(s) may be offended or alarmed by the act. Indecent exposure in the presence of a minor under the age of fifteen is a serious felony offense.
Indecent exposure is when a person carelessly shows his or her private parts while another person who might be offended is around. Private parts include a man or woman’s genitals and anus, and a woman’s breasts. Indecent exposure does not include the situation where a mother shows her breast while breastfeeding.
Indecent exposure to a person who is fifteen 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 fifteen years of age is a class 6 felony.
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 fifteen years of age is guilty of a class 3 felony and shall be sentenced to a term of imprisonment as follows: Mitigated (6 years); Minimum (8 years); Presumptive (10 years); Maximum (12 years); and Aggravated (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.
Indecent exposure is generally a class 1 misdemeanor, meaning a person convicted of the crime could spend up to 6 months in jail and could be fined up to $2,500. 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 2 years in prison and may be fined up to $150,000 for a class 6 felony. For those already with at least 2 felony indecent exposure convictions under their belt, the crime is a class 3 felony and comes with 6 to 15 years in prison and up to $150,000 in fines.
Indecent exposure is a class 1 misdemeanor if the victim is fifteen 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 fifteen, indecent exposure becomes a class 3 felony.
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.
2915 E Baseline Rd Suite 116, Gilbert, AZ 85234
All initial consultations are free of charge and we will help you quickly determine what you should do with your pending criminal charges. Our attorneys and staff are friendly and understanding of your situation.
We can help you if you have been arrested and charged with any of the following crimes in Arizona:
Genesis DUI & Criminal Defense Lawyers has Indecent Exposure attorneys in convenient locations across Maricopa, Pinal, and other counties in the state of Arizona. Visit our web page for each of these cities for more specific information:
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