Imagine you're at a public park, changing clothes discreetly behind a towel after a swim, or perhaps a wardrobe malfunction occurs unexpectedly.
Such everyday scenarios can sometimes lead to accusations of indecent exposure, even if the exposure was accidental or unintentional.
In the state of Arizona, public indecency charges can arise from these situations, leading to serious legal consequences.
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At Kolsrud Law Offices, we specialize in criminal defense and provide expert legal counsel to those facing such charges. Our founder, Josh Kolsrud, has extensive experience, having handled thousands of felony cases and over 100 jury trials.
He understands the complexities of Arizona's indecent exposure laws and is committed to defending your rights. If you find yourself accused of public indecency, contact Kolsrud Law Offices.
We are dedicated to crafting the best possible defense strategy tailored to your unique situation.
Contact us today to schedule a free consultation and learn more about how we can help you.
What is Indecent Exposure in Arizona Under ARS 13-1402
Indecent exposure in Arizona, as defined under ARS 13-1402, involves specific actions that can lead to criminal charges if they are deemed offensive or alarming to others.
▶ What Constitutes Indecent Exposure?
A person commits indecent exposure if they:
- Expose their genitals or anus: This applies to both men and women.
- Expose the areola or nipple of their breast: This specifically applies to women.
For an action to be considered indecent exposure, another person must be present, and the individual exposing themselves must be acting recklessly.
This means that they are aware their actions could likely offend or alarm a reasonable person.
▶ Exceptions to Indecent Exposure
Not all acts of exposure are considered indecent under the law. Specifically, breast-feeding by a mother is not classified as indecent exposure. This exception acknowledges the natural and non-offensive nature of breast-feeding, whether it occurs in public or private.
Understanding these basic elements can help individuals recognize what behaviors may lead to indecent exposure charges and the legal exceptions that apply.
What is the Difference Between Public Sexual Indecency and Indecent Exposure
Public sexual indecency and indecent exposure are distinct offenses under Arizona law, each with specific definitions and penalties.
Indecent exposure, as defined by ARS 13-1402, involves exposing one's genitals, anus, or, in the case of women, the areola or nipple of the breast, in a manner likely to offend or alarm others. This charge focuses on the act of exposing intimate body parts recklessly, where it is expected to cause offense or alarm to a reasonable person present.
On the other hand, public sexual indecency, defined under ARS 13-1403, involves engaging in sexual contact, oral sexual contact, or sexual intercourse in a public place where such acts are likely to be observed by others.
The key difference lies in the nature of the conduct: while indecent exposure deals with the act of exposing body parts, public sexual indecency involves explicit sexual acts. Public sexual indecency is generally considered a more severe offense and can result in harsher penalties compared to indecent exposure.
Can Indecent Exposure Be a Felony Offense?
Yes, indecent exposure can be classified as a felony offense in Arizona under certain circumstances.
According to ARS 13-1402, indecent exposure is typically charged as a Class 1 misdemeanor. However, the charge can be elevated to a felony if certain aggravating factors are present.
Indecent exposure becomes a Class 6 felony if the victim is under 15 years of age. Additionally, if the defendant has two or more prior convictions for indecent exposure or has a prior conviction for sexual assault under ARS 13-1406, the charge is also elevated to a Class 6 felony.
Further, if a person has two or more historical prior felony convictions for indecent exposure or public sexual indecency to a minor under 15, the offense is classified as a Class 3 felony, with sentencing guidelines ranging from 6 to 15 years in prison, depending on mitigating or aggravating factors.
What are the Potential Penalties?
The penalties for indecent exposure in Arizona are determined by several factors, including the age of the victim and the defendant's criminal history. Here is a breakdown of the potential penalties based on ARS 13-1402:
Class 1 Misdemeanor:
- Applicable: When the victim is 15 years of age or older.
- Penalties: Up to 6 months in jail, fines up to $2,500, and probation.
Class 6 Felony:
- Applicable:
- If the victim is under 15 years of age.
- If the defendant has two or more prior convictions for indecent exposure.
- If the defendant has one or more prior convictions for sexual assault (ARS 13-1406).
- Penalties: Longer prison sentences, higher fines, and mandatory registration as a sex offender.
Class 3 Felony:
- Applicable: If the defendant has two or more historical prior felony convictions for indecent exposure or public sexual indecency involving a minor under 15 years of age.
- Sentencing Guidelines:
- Mitigated: 6 years
- Minimum: 8 years
- Presumptive: 10 years
- Maximum: 12 years
- Aggravated: 15 years
The presumptive term for a Class 3 felony can be adjusted based on mitigating or aggravating factors as per ARS 13-701, subsections D and E.
| Classification | Applicability | Penalties |
|---|---|---|
| Class 1 Misdemeanor | When the victim is 15 years of age or older. | Up to 6 months in jail, fines up to $2,500, and probation. |
| Class 6 Felony | If the victim is under 15 years of age. If the defendant has two or more prior convictions for indecent exposure. If the defendant has one or more prior convictions for sexual assault (ARS 13-1406). |
Longer prison sentences, higher fines, and mandatory registration as a sex offender. |
| Class 3 Felony | If the defendant has two or more historical prior felony convictions for indecent exposure or public sexual indecency involving a minor under 15 years of age. |
|
At Kolsrud Law, Josh Kolsrud's extensive experience in handling such cases ensures that clients receive expert legal representation, aiming to mitigate the impact of these severe penalties.
What Are Potential Defense Strategies?
When facing charges of indecent exposure in Arizona, having a robust defense strategy is crucial. At Kolsrud Law, we leverage our extensive experience to craft effective defenses tailored to each client's unique circumstances.
Below are some common defenses that can be used and examples:
Lack of Intent
A key element of indecent exposure is the intent to offend or alarm others. If it can be demonstrated that the exposure was accidental or unintentional, this defense may lead to a reduction or dismissal of charges.
Mistaken Identity
- In some cases, the accused may have been wrongly identified as the perpetrator. Providing alibi evidence, witness testimony, or surveillance footage can help establish that the defendant was not the individual who committed the act.
Insufficient Evidence
- Proving indecent exposure beyond a reasonable doubt requires clear and convincing evidence. Challenging the credibility of witnesses, the accuracy of their accounts, or the evidence presented can weaken the prosecution's case.
Constitutional Violations
- If there were violations of the defendant's constitutional rights during the investigation or arrest, such as unlawful search and seizure or failure to read Miranda rights, the charges may be dismissed or evidence may be suppressed.
Public Breastfeeding Exception
For women charged with indecent exposure related to breastfeeding, Arizona law specifically exempts breastfeeding from being considered indecent exposure. This defense can quickly resolve cases involving breastfeeding in public.
At Kolsrud Law, Josh Kolsrud's deep knowledge of criminal law and commitment to justice ensure that every defense strategy is thoroughly explored and expertly executed. If you are facing indecent exposure charges, contact us to discuss the best defense strategy for your case.
Contact a Sex Crime Attorney From Kolsrud Law
Facing charges related to indecent exposure or other sex crimes demands experienced legal representation. At Kolsrud Law, Josh Kolsrud offers the expertise needed for a strong defense.
As a native Phoenician, he graduated summa cum laude from Arizona State University and earned his JD from the University of Miami School of Law. With over five years at the Maricopa County Attorney’s Office, Josh handled thousands of felony cases and was awarded “Attorney of the Month” multiple times. His extensive experience includes managing over 3,500 cases and conducting more than 100 jury trials. Josh’s deep knowledge of Arizona law and commitment to his clients ensure the best possible outcomes.
Contact us a call immediately at (480) 999-9444 so we can get started right away at building a solid defense strategy.
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