Public Sexual Indecency Lawyer in Phoenix

Defending Those Who Have Been Accused of Public Sexual Indecency in Arizona

Public sexual indecency (PSI) can lead to as many as 12 years in prison and up to 15 years in prison in an aggravated public sexual indecency case, depending on prior convictions. Offenders could face either misdemeanor or felony charges, depending on the circumstances. At MayesTelles PLLC, we fight for the rights of the accused in order to ensure a fair trial and to secure the best possible outcome for our clients.

Contact us today to discuss your case with our Arizona public sexual indecency attorneys.

What is Public Sexual Indecency?

Pursuant to Arizona Revised Statute §13-1403,

A person commits public sexual indecency by intentionally or knowingly engaging in any of the following acts, if another person is present, and the defendant is reckless about whether such other person, as a reasonable person, would be offended or alarmed by the act.

The acts included in ARS §13-1403 are:

• Sexual contact (defined as any direct or indirect touching, fondling or manipulation of any part of the genitals, anus or female breast by any part of the body or by any object or causing a person to engage in such contact)
• Oral sexual contact
• Sexual intercourse
• Bestiality

What Are the Penalties for Public Sexual Indecency in Arizona?

The charges and punishment for public sexual indecency vary depending on the facts and how the case is charged.

Class 1 misdemeanor:

• If an act of Public Sexual Indecency involves non-minors (persons over 15 years old) as victims, it is charged as a class 1 misdemeanor. However, a person can be charged for every alleged victim that was present and saw the act. A single class 1 misdemeanor carries a maximum consequence of 6 months in jail, $2,500.00 fine, and three years of probation. If a person is found guilty of multiple counts (multiple victims), the consequences could run consecutively.

Class 5 felony:

• If the alleged victim of Public Sexual Indecency involves person under 15 years of age it is a more serious offense. The State will charge the act as a class 5 felony, which carries a maximum sentence of up to 2.5 years in prison and a statutory minimum of .5 years in prison. Probation is eligible for up to 3 years and the Court can impose up to 1 year in county jail as a term of probation. There is also a discretionary fine of up to $150,000.00.

Enhanced Consequences for Multiple Offenses

If a person has multiple convictions for Public Sexual Indecency or Indecent Exposure, the consequence are enhanced. If it is the third felony conviction of Public Sexual Indecency or Indecent Exposure, probation is no longer available, and the person is facing a mandatory prison range from 6 to 15 years.

Common Defenses Against Public Sexual Indecency Charges

Common defenses may include:

• Lack of Intent: One of the key components of a public sexual indecency charge is intent. The prosecution will need to prove that the accused knowingly engaged in the act to be observed or offending someone. If the act was accidental or the exposure was unintentional, this can serve as a strong defense.
• Lack of Witnesses or Evidence: The prosecution's case may weaken without credible witnesses or substantial evidence to support the claim. Challenging the validity and reliability of evidence, like surveillance footage or eyewitness testimony, can help create reasonable doubt.
• Mistaken Identity: Mistaken identity can happen in some instances, especially in crowded public areas. A robust defense may involve demonstrating that the accused was not the individual who committed the alleged act. Alibi evidence, eyewitness testimony, or video footage can help support this defense.
• Violation of Constitutional Rights: If law enforcement had violated the accused’s rights at the time of the investigation or arrest, such as conducting an unlawful search or failing to provide Miranda warnings, it may be possible to have evidence suppressed or charges dismissed.
• No Public Setting: To secure a conviction, the prosecution must prove the act occurred in a public place or a location where others were likely to observe it. Demonstrating that the incident occurred in a private setting may negate the charges.
• Entrapment: This may constitute entrapment if law enforcement officers induced or coerced the accused into committing the alleged act. Entrapment occurs when someone is persuaded to commit a crime they would not have otherwise perpetrated.

Is Sex Offender Registration Mandatory After a Public Sexual Indecency Charge?

Sex offender registration becomes mandatory for Public Sexual Indecency if it is the second conviction of Public Sexual Indecency as a felony (involving a minor), or if it the third conviction of Public Sexual Indecency as a misdemeanor.

Contact Our Public Sexual Indecency Attorney in Phoenix Today

The sooner you hire legal representation, the more we can do to help you. Our Phoenix public sexual indecency attorneys at MayesTelles PLLC have the skills and experience to build a strong legal defense.

Call us at (602) 428-7104 to speak with our public sexual indecency lawyer in Phoenix, or contact us online for a free initial consultation.