Generally, no. However, there are several situations in which indecent exposure is a felony. They are as follows such as exposing yourself to someone under the age of 15 or after your second misdemeanor indecent exposure conviction.
Understanding what qualifies as indecent exposure in Arizona is essential, especially because the laws can be broader than most people realise. Under ARS 13-1402, a person commits indecent exposure when they display their;
to another individual and act recklessly about whether the other person would be alarmed or offended. Even situations that seem accidental or misunderstood can lead to serious charges. That’s why speaking with an experienced Phoenix indecent exposure lawyer is critical. At Feldman & Royle, our skilled indecent exposure attorney team helps clients understand the law, protect their rights, and navigate these high-stakes accusations with confidence.
SIDE NOTE: In Arizona, Indecent exposure does not include breastfeeding.
In Arizona, indecent exposure is classified as a misdemeanor offense involving the intentional exposure of one’s private parts in public or in the presence of others, causing alarm or offense. Conviction can lead to fines, probation, and possible jail time.
There are several situations in which the offense is a felony under Arizona law. These situations are as follows:
While the wording of the law appears relatively simple, the circumstances under which you are alleged to have been unclothed will have a major effect on whether the nudity in question rises to the level of a criminal offense.
Exposure to age 15 or older with no Priors – Class 1 Misdemeanor
Exposure to Age 15 or Older with Two or More Priors – Class 6 Felony
Exposure to a Child Under 15 – Class 6 Felony
Exposure with a Sex Assault Prior – Class 3 Felony
Exposure with Two or More Felony Exposure Priors – Class 3 Felony
Pursuant to ARS 13 3821, there are two situations in which a person convicted of an exposure charge will be placed on the Arizona sex offender registry.
Sex offender registration can also be required by the judge if you are convicted of a sexual offense under chapter 14 of title 13 (including indecent exposure), and the judge determines that the crime was sexually motivated pursuant to ARS 13-118.
There are several defenses available to Arizona indecent exposure allegations, and the right defense depends on the specific facts of the case. These accusations often carry a strong stigma, especially when they are associated with or mistaken for sex assault charges.
It is important to remember that the burden of proof always rests with the State, not the accused. Prosecutors must prove every element of the charge beyond a reasonable doubt, including whether the conduct meets the legal standards under ARS 13-1406. An experienced sexual assault lawyer in Phoenix understands how closely these cases depend on evidence, intent, and proper legal procedure.
Most sex crime cases often depend on a confession by the accused. Many times, these confessions are obtained only after intense interrogations. As such, attacking the reliability of a confession is paramount to a solid defense strategy.
Many times, cases involve a witness unknown to the defendant, sometimes even the prostitute. Establishing and eroding the credibility of an eyewitness or victim’s testimony is an essential a part of an effective defense.
There may be no physical evidence which means that the entire case could hinge on the testimony of a witness which may be a complete fabrication of the truth.
Mistaken identity can take many forms. However, if the prosecution names you as the defendant based on eyewitness identification, then you will want to look into attacking the eyewitness’s testimony.
Eyewitness testimony has been shown to be one of the most unreliable types of evidence. Other times a suggestive photo lineup can be used to identify you which leads to mistaken identity issues.
If you were just present when a crime was being committed, even if you knew that a crime was being committed, then you should raise a mere presence defense. If you were merely in the presence of a known prostitute or the area in which solicitation is known to occur, then you did not have any criminal intent and did not take part in the crime.
While the crimes are fairly similar and have similar penalties, they are very separate crimes. Indecent exposure involves showing private regions to others in a reckless or knowing manner. This crime would most commonly be associated with the crime of flashing.
Public sexual indecency, on the other hand, involves knowingly or recklessly engaging in sex acts in public. This crime would most commonly be associated with the act of having sex in public.
Facing indecent exposure charges can be overwhelming, but having the right defense team makes all the difference. At Feldman & Royle, our experienced Phoenix Indecent Exposure Lawyer understands the seriousness of these accusations and how they can affect your reputation, freedom, and future. As a trusted Phoenix criminal defense attorney, we build strategic defenses tailored to your situation, ensuring your rights are protected every step of the way. Whether you’re accused of exposure or related offenses, our public sexual indecency attorney provides confidential, results-driven representation. Contact Feldman & Royle today for a free consultation for indecent exposure charges in Phoenix and get the experienced defense you deserve.
When you’re accused of indecent exposure in Arizona, the fear, embarrassment, and uncertainty can feel overwhelming. Suddenly, your reputation, career, and future are on the line, and one mistake could define the rest of your life. That’s where Feldman & Royle step in.
We don’t just defend your case; we protect your story, your dignity, and your future.
Our attorneys have been on the other side; we know exactly how prosecutors build indecent exposure cases. That insider knowledge allows us to anticipate every move, challenge every assumption, and dismantle weak evidence before it ever sees a courtroom.
We don’t wait for your court date to act. From the very first consultation, we begin identifying opportunities for dismissal, charge reduction, or diversion programs. Every move is calculated to minimize the damage to your record and reputation.
Not every accusation tells the full story. Sometimes, what looks like a criminal act is a misunderstanding, a false claim, or a moment taken out of context. We take the time to understand you, not just your case file, and build a defense that reflects your truth.
Whether we’re negotiating discreetly behind the scenes or standing firm in court, our track record speaks for itself. We’re known across Arizona for our ability to get results because we prepare as if every case will go to trial.
We know how sensitive these cases are. Everything you share with us stays strictly confidential. You’ll be treated with respect, not judgment, because everyone deserves a defense grounded in understanding, not shame.
No tags assigned to this post.
