Understanding ARS Indecent Exposure: ARS 13-1402
Facing Arizona indecent exposure charges is overwhelming. The legal system is complex and can be intimidating. Understanding the specifics of the crime and the potential penalties if convicted are important steps in navigating the legal system.
This guide provides a detailed overview of indecent exposure ARS laws. It explains key terms and the sentencing guidelines under the indecent exposure laws in Arizona. It also answers frequently asked questions about your charges.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona criminal defense lawyer. If you are charged with indecent exposure, consult with a qualified indecent exposure Arizona attorney as soon as possible.
What is Indecent Exposure?
Arizona indecent exposure laws make it a crime to expose your genitals, anus, or, if in the case of a woman, your areola or nipple in the presence of another person if you are reckless as to whether such exposure would reasonably offend the other person.
Reckless means being aware of and willfully disregarding a substantial and unjustifiable risk, which results in harmful consequences – in this case causing someone to be offended. In other words, you are reckless if you expose your private parts to someone despite knowing that this action could reasonably offend them.
Breastfeeding is specifically excluded from the crime of indecent exposure.
Elements of the Crime:
- Exposure: Exposure of genitals, anus, or areola/nipple of the breast.
- Presence of Another Person: Another person must be present at the time of the exposure.
- Recklessness: Recklessness regarding whether the other person would be alarmed or offended.
Sentencing for Indecent Exposure:
The penalties following a conviction of an indecent exposure charge in Arizona are severe and vary based on the specific charge, your criminal history, and the circumstances of the crime.
The age of the person present during the exposure determines whether the offense is classified as a misdemeanor or felony. Indecent exposure to a person aged 15 or older is considered a class 1 misdemeanor. Indecent exposure to a person under the age of 15 is categorized as a class 6 felony. Additionally, having two or more convictions for indecent exposure results in a class 6 felony, regardless of whether the person present is 15 or older.
The following table summarizes the potential consequences for each type of offense:
| Offense | Charge | Jail/Prison | Probation (max) |
|---|---|---|---|
| Indecent exposure to a person aged 15 or older | Class 1 misdemeanor | Jail: up to 6 months | 3 years |
| Indecent exposure to a child (under 15) | Class 6 felony | Prison: 0.33 – 2 years | 3 years |
| Two or more prior indecent exposure convictions (not felony convictions) | Class 6 felony | Prison: 0.33 – 2 years | 3 years |
| Indecent exposure with a prior sexual assault conviction | Class 6 felony | Prison: 0.33 – 2 years | 3 years |
| Felony violation with 2+ felony indecent exposure convictions | Class 3 felony | Prison: 6 – 15 years | N/A |
| Felony violation with 2+ felony public sexual indecency convictions | Class 3 felony | Prison: 6 – 15 years | N/A |
Arizona Sex Offender Registry:
Under ARS 13-3821, a conviction for indecent exposure may require sex offender registration – registration for a first or second offense is left to the judge’s discretion. Sex offender registration is statutorily required for a third or subsequent indecent exposure offense.
Frequently Asked Questions:
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Key Takeaways:
- Definition and Scope: Indecent exposure involves the exposure of one’s genitals, anus, or, for women, the areola or nipple of the breast, in the presence of another person, while being reckless about whether the exposure would reasonably offend or alarm that person.
- Elements of the Crime:
- Exposure: Exposing private parts such as genitals, anus, or the areola/nipple.
- Presence of Another Person: Another individual must be present at the time of the exposure.
- Recklessness: The exposer must be aware of a substantial risk of offending someone but disregards it.
- Sentencing:
- Age of the victim:
- 15 or Older: Class 1 misdemeanor, punishable by up to 6 months in jail and up to 3 years of probation.
- Under 15: Class 6 felony, punishable by 0.33 to 2 years in prison and up to 3 years of probation.
- Repeat Offender:
- Two or more prior indecent exposure convictions:Class 6 felony, punishable by 0.33 to 2 years in prison and up to 3 years of probation.
- Felony violation with 2+ felony indecent exposure or public sexual indecency convictions: Class 3 felony, punishable by mandatory prison sentence between 6 and 15 years.
- Arizona Sex Offender Registry:
- A first or second indecent exposure offense may require sex offender registration at the judge’s discretion.
- Mandatory sex offender registration for a third or subsequent indecent exposure offense.
- Age of the victim:
Next Steps:
ARS indecent exposure is a serious crime with serious consequences. The charges and the resulting sentence depend on many factors. You need to understand the law and your rights to effectively get through this difficult situation.
If you’re facing an indecent exposure charge in Arizona, under ARS 13 1402, engaging a skilled Arizona criminal defense attorney is essential to protect your rights and manage the process. Don’t try navigating the legal system alone; get an experienced criminal defense lawyer on your side right away.