Indecent Exposure Attorney in Phoenix

Defending Against Indecent Exposure Charges in Arizona

In Arizona, indecent exposure can be charged as either a misdemeanor or a felony, depending on the circumstances. If charged as a felony, the defendant could face up to 12 years in prison and 15 years for an aggravated indecent exposure offense. In addition to prison time, people convicted of indecent exposure have to register as sex offenders. If you are facing an indecent exposure allegation, we're here to help.

Contact our Phoenix indecent exposure attorneys at MayesTelles PLLC for your FREE consultation.

Indecent Exposure in Arizona– A.R.S. § 13-1402

Arizona's indecent exposure law can be found in Section 13-1402 of the Arizona Revised Statutes.

A person commits indecent exposure if he or she exposes his or her genitals or anus or she exposes the areola or nipple of her breast and another person is present, and the defendant is reckless about whether the other person, as a reasonable person, would be offended or alarmed by the act. This does not include an act of breast-feeding by a mother.

What are the Penalties for Indecent Exposure in Arizona?

The severity of an indecent exposure charge can vary. For example, a person who exposes themselves to an individual over the age of 15 could be charged with a Class 1 misdemeanor, but if it is the defendant’s second or subsequent charge, it can be considered a Class 6 felony. If the person already has two or more felony convictions or exposes themselves to a minor under the age of 15, it can be charged as a Class 3 felony.

Degrees of indecent exposure charges are as follows:

• Class 1 misdemeanor: If the victim was 15 years or older
• Class 6 felony: If the defendant has prior indecent exposure violations
• Class 3 felony: If the victim was under the age of 15

The minimum prison term for a person convicted of a Class 3 felony is eight years in prison.

What are the Penalties for Aggravated Indecent Exposure in Arizona?

The indecent exposure statute does allow harsher penalties for those convicted of aggravated indecent exposure. Aggravated factors are detailed in ARS § 13-701 sections D and E.

Under Arizona law, aggravating factors can include:

• The victim was over the age of 65 or living with a disability
• The defendant is a public servant
• The defendant had an accomplice
• The act caused physical, emotional, or financial harm
• The defendant threatened or caused actual harm

In Arizona, an aggravated indecent exposure charge is punishable by 15 years in prison.

Sex Offender Registration Requirements

All states determine risk levels and registration requirements differently for sex offenders. In Arizona, the agency responsible for the defendant completes a “risk assessment screening profile.”

Those who have been convicted of their second or subsequent indecent exposure or public sexual indecency charge involving a minor under the age of 15 would be required to register as a sex offender in Arizona, as would those who are convicted of their third indecent exposure charge, regardless of the victim's age.

Being a registered sex offender can limit where you live, where you can work, and other aspects of your life. If you are currently facing indecent exposure charges, call our indecent exposure lawyers in Phoenix.

Defenses to Indecent Exposure Charges

When faced with an indecent exposure charge, having a knowledgeable defense attorney can make a crucial difference in the outcome of your case. An effective defense strategy may include challenging the evidence, proving a lack of intent, or negotiating a reduced charge. Some potential defenses include:

• Lack of Intent: Arizona’s indecent exposure law requires that the exposure be intentional or knowing. If the exposure was accidental or unintentional, your attorney may be able to argue that you did not meet the necessary mental state for an indecent exposure conviction.
• Mistaken Identity or False Accusation: In some cases, an individual may be falsely accused or misidentified as the perpetrator. This can happen in public places where misidentification is more likely. An experienced defense attorney can review surveillance footage, witness statements, and other evidence to demonstrate that you were not involved in the incident.
• Insufficient Evidence: For a conviction to occur, the prosecution must present sufficient evidence that you exposed yourself and that another person could reasonably have been offended. By challenging the reliability and validity of the evidence, an attorney may be able to weaken the prosecution’s case.
• Presence of Witnesses: Sometimes, what may seem like indecent exposure to one person may not be perceived that way by others. If there were witnesses present who did not feel alarmed or offended, this could help challenge the charge.
• Consent or Lack of Victim Perception: In cases where the exposure occurred in a private setting where both parties consented to the encounter, it may not meet the criteria for indecent exposure under Arizona law. If the exposure was not witnessed or no one present felt alarmed, it may be possible to argue that the charge should be dismissed.

Contact Our Indecent Exposure Attorney in Phoenix Today

If you are facing an indecent exposure charge in Arizona, don't waste any time in contacting an attorney. Our indecent exposure attorneys at MayesTelles understand that this may be a difficult time for you. We want to stand in your corner and guide you through the process from start to finish. We aim to defend your rights and freedom. Our firm is available to take your call 24/7, so don't wait to get started on your defense.

Contact us at (602) 428-7104 for a free consultation. Our Phoenix indecent exposure lawyers can explain your legal rights and options.