Being charged with any sex crime, probably more than any other type of offense, leads many people to assume you are guilty. This is because sex crimes such as indecent exposure have a negative stigma. Indecent exposure can be charged as either a misdemeanor or a felony and may require placement on the Arizona sex offender registry, if convicted. Regardless of the type of charge you are facing, you need an experienced sex crimes lawyer by your side from the start.
Generally speaking, indecent exposure is a misdemeanor as a first offense, provided the exposure is to a person at least fifteen years of age.
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 various defenses to a charge, and the applicability of one or more of these defenses will depend upon the specifics of your case. That said, those looking to learn how to beat an exposure charge should review the common defenses below.
As is the case with most sex crimes, a stigma and assumption of guilt can often accompany an arrest. However, it is important to remember that it is not your obligation to prove your innocence – in fact the State has the burden to prove your guilt beyond a reasonable doubt.
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.
The various sex crimes, both in how they are defined, and in the penalties that may be applicable, are often confusing to those charged. In addition to the complexity of the individual crimes, the charges themselves carry a huge stigma in society. However, just because someone has been charged with a sex crime does not mean they will be convicted.
If you or a loved one is facing an indecent exposure charge, get the help you need by hiring an experienced sex crimes lawyer. Contact our office for a free consultation and learn what a sex crimes lawyer can do for your case of the case of a loved one.
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.
Possibly. Under ARS 13 1402, you must be reckless concerning whether the other person would be alarmed or offended by the acts. If the person was looking into your window it is unlikely that it would be reasonable to assume you were reckless.If, however, a person was flashing people passing by or exposing themselves to others within the home, then they can and probably would be charged with incident exposure.
Indecent exposure pursuant to ARS 13 1402 occurs if a man or women exposes their genitals; anus; or areola or nipple of the breast to another person and they are reckless concerning whether the other person would be alarmed or offended by the acts. It should be notes that indecent exposure does not include breast feeding.
No. Under Arizona law, pursuant to ARS 13 1402, breastfeeding is specially excluded from criminality.