Public sexual indecency is a serious offense in the state of Arizona, punishable under ARS 13-1403.
This law prohibits individuals from engaging in sexual acts in public places where another person is present. If convicted of public indecency, individuals could face hefty fines, probation, and even jail time.
If you or a loved one has been charged with public sexual indecency in Arizona, it is crucial to seek legal representation. The experienced attorneys at Kolsrud Law Firm specialize in handling cases involving sex crimes and can provide you with a free consultation to discuss your options.
ⓘ This article will cover the following topics:
- What is Public Sexual Indecency Under Arizona Law ( ARS 13-1403 )
- Sexual Indecency Involving a Minor
- Public Sexual Indecency Vs. Indecent Exposure
- Penalties for Public Sexual Indecency
- Do You Have to Register as a Sex Offender?
- Defenses to Public Sexual Indecency Charges
- 8 Frequently Asked Questions: Public Sexual Indecency in Arizona
- Contact a Criminal Defense Attorney From Kolsrud Law for a Free Consultation
Don't handle the legal system alone—trust the professionals at Kolsrud Law, led by Josh Kolsrud, a seasoned attorney with over 3,500 cases and more than 100 jury trials, to fight for your rights and defend your case. With his extensive experience and award-winning trial work, you can count on top-tier legal representation.
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What is Public Sexual Indecency Under Arizona Law ( ARS 13-1403 )
According to ARS 13-1403, a person commits public sexual indecency by intentionally or knowingly engaging in certain sexual acts in the presence of another person.
The statute specifies that the defendant must be reckless about whether another person, as a reasonable person, would be offended or alarmed by the act.
The acts that constitute public sexual indecency include:
- An act of sexual contact.
- An act of oral sexual contact.
- An act of sexual intercourse.
- An act of bestiality.
If any of these acts are performed in a public place where another person is likely to be offended or alarmed, the offender can be charged with public sexual indecency.
Sexual Indecency Involving a Minor
The statute takes a stricter stance when the act involves a minor. ARS 13-1403(B) states that a person commits public sexual indecency to a minor if they intentionally or knowingly engage in any of the acts listed above while being reckless about whether a minor under fifteen years of age is present.
This escalates the offense from a misdemeanor to a felony due to the involvement of a minor.
Public Sexual Indecency Vs. Indecent Exposure
While public sexual indecency and indecent exposure may seem similar, Arizona law differentiates between the two.
Public sexual indecency involves acts of sexual contact, oral sexual contact, sexual intercourse, or bestiality performed in a public place where others are likely to be offended or alarmed.
In contrast, indecent exposure, defined under ARS 13-1402, involves exposing one’s genitals, anus, or, if female, the areola or nipple of the breast in a manner likely to cause alarm or offense.
The key difference lies in the nature of the act: public sexual indecency involves actual sexual conduct, whereas indecent exposure involves the mere display of intimate parts. Consequently, public sexual indecency often carries more severe penalties due to the more invasive nature of the offense.
Penalties for Public Sexual Indecency
Under ARS 13-1403(C), public sexual indecency is classified as a class 1 misdemeanor.
A class 1 misdemeanor in Arizona is the most severe level of misdemeanor and can result in up to six months in jail, fines, and probation. However, when the offense involves a minor under fifteen years of age, it is classified as a class 5 felony, which carries more severe penalties, including potential prison time and higher fines.
Enhanced Sentencing for Repeat Offenders
ARS 13-1403(D) outlines enhanced sentencing for individuals with two or more prior felony convictions for public sexual indecency or indecent exposure involving a minor under fifteen years of age. The sentencing terms for repeat offenders are as follows:
- Mitigated: 6 years
- Minimum: 8 years
- Presumptive: 10 years
- Maximum: 12 years
- Aggravated: 15 years
These terms can be adjusted based on various factors. For example, "mitigated" refers to situations where there are circumstances that reduce the severity of the offense, while "aggravated" refers to circumstances that increase the severity.
Section 13-701, subsections D and E, allows the court to consider these mitigating or aggravating factors when determining the final sentence.
Do You Have to Register as a Sex Offender?
In Arizona, individuals convicted of public sexual indecency involving a minor are required to register as a sex offender.
This requirement applies due to the classification of the offense as a class 5 felony when a minor is involved.
Registration as a sex offender entails significant ongoing legal obligations, including regular reporting to law enforcement, restrictions on residency and employment, and public disclosure of the offender's status.
For those convicted of public sexual indecency without a minor's involvement, registration may not be required, but the consequences of a conviction can still be severe and long-lasting
Defenses to Public Sexual Indecency Charges
Defending against charges of public sexual indecency requires a thorough understanding of the law and the ability to scrutinize the evidence presented. At Kolsrud Law, we employ various defense strategies, including:
Lack of Intent
One crucial element of public sexual indecency is that the act must be intentional or knowing. If it can be shown that the accused did not intentionally or knowingly engage in the act, the charges may not hold. This defense focuses on disproving the mental state required for the offense.
False Accusations
In some cases, individuals may be falsely accused of public sexual indecency due to misunderstandings, malicious intent, or mistaken identity. Demonstrating that the accusations are unfounded can lead to the dismissal of charges.
Absence of Witnesses
For a public sexual indecency charge to stand, another person must be present and likely to be offended or alarmed by the act. If it can be established that no reasonable person was present to witness the conduct, this element of the offense is not met, and the charges may be dropped.
Constitutional Violations
If there were violations of constitutional rights during the investigation or arrest process, such as unlawful search and seizure or failure to read Miranda rights, evidence obtained as a result may be inadmissible in court. This can weaken the prosecution’s case significantly.
Top 8 FAQs: Public Sexual Indecency in Arizona
Public sexual indecency is a complex area of law in Arizona. Below are some frequently asked questions that address common concerns about this offense.
⑴ What is Public Sexual Indecency in Arizona – ARS 13-1403?
Public sexual indecency, as defined under Arizona law § 13-1403, involves intentionally or knowingly engaging in acts of sexual contact, oral sexual contact, sexual intercourse, or bestiality in a public place. The defendant must be reckless about whether another person, as a reasonable person, would be offended or alarmed by the act.
⑵ What Are the Penalties for a Violation of ARS 13-1403?
A conviction for a crime of public sexual indecency can result in severe penalties. If the offense involves only adults, it is typically classified as a class 1 misdemeanor, punishable by up to six months in jail. However, if the act occurs in front of a minor under 15 years of age, it becomes a class 5 felony, which can lead to years in prison.
⑶ How Does Public Sexual Indecency Differ from Indecent Exposure?
Indecent exposure, under ARS 13-1402, involves exposing one's genitals or intimate parts, while public sexual indecency under ARS 13-1403 involves specific sexual acts. Both offenses can occur in a public place and have serious legal consequences, but public sexual indecency often carries more severe penalties, especially if it involves a minor under fifteen.
⑷ Is PDA Illegal?
Public displays of affection (PDA) are not inherently illegal, but if the acts become sexual in nature and occur in a public place, they can lead to charges of public sexual indecency under ARS 13-1403. This includes actions where the defendant is reckless about whether others would be offended or alarmed.
⑸ What Constitutes Sexual Indecency in Front of a Minor?
Sexual indecency in front of a minor, as per ARS 13-1403, occurs when an individual engages in sexual contact, oral sexual contact, sexual intercourse, or bestiality in the presence of a minor under 15 years of age. The person must be reckless about whether the minor would be offended or alarmed by the act.
⑹ Are There Defenses for Public Sexual Indecency Charges?
Yes, there are several defenses for public sexual indecency charges. An experienced sex crimes attorney can argue lack of intent, false accusations, or constitutional violations.
⑺ What Should I Do If I Am Charged with Public Sexual Indecency in Arizona?
If you are charged with public sexual indecency in Arizona, it is essential to seek legal representation immediately. Contact an experienced sex crimes attorney who can help navigate the complexities of the statute in Arizona and build a defense against the charges.
⑻ How Does a Conviction for Public Sexual Indecency Affect My Record?
A conviction for public sexual indecency can have long-lasting consequences, including a permanent criminal record, potential prison time, and mandatory sex offender registration, particularly if the offense involved a minor under 15 years. These convictions of sexual offenses can impact various aspects of your life, from employment to personal relationships.
Contact a Criminal Defense Attorney From Kolsrud Law For a Free Consultation
Facing charges of public sexual indecency can be overwhelming and daunting. Josh Kolsrud and his team at Kolsrud Law have the experience and expertise to provide a robust defense.
With over 3,500 cases and more than 100 jury trials under his belt, Josh Kolsrud’s extensive career as an Arizona federal crimes attorney ensures that you receive top-tier legal representation. Contact Kolsrud Law today to schedule a consultation and discuss your case with a dedicated and knowledgeable criminal defense attorney.
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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