Phoenix has some of the strictest sexual crimes sentences in the nation. If you are charged with indecent exposure in Arizona, you can be facing an extremely embarrassing and overwhelmingly frightening situation.
- Indecent exposure is defined in part as exposing your genitals, anus or breasts (except in the case of breastfeeding) to another person where that person could be offended or alarmed by the act (A.R.S. 13-402)
If a prosecutor can prove you are guilty of a sex crime, you can be convicted of an indecent exposure crime in Phoenix. If this occurs, you will face jail or prison time, hefty fines, and also you might have to register as a sex offender.
When taken along with the very negative social stigma of this offense, a conviction can mean your personal and professional lives will be negatively impacted for many years to come. Because of this, if you find yourself charged with indecent exposure in Phoenix, you should immediately seek out a competent, aggressive defense attorney to fight for your rights.
What are the Penalties for Indecent Exposure in Phoenix?
If you are a first time offender and the victim is over 15 years of age, being found guilty of indecent exposure in Phoenix results in:
- A class 1 misdemeanor, which is punishable by up to 6 months in jail, and fines of up to $2500 plus surcharges
However, if the victim is 15 years of age or younger:
- You face a class 6 felony, which includes a prison sentence of up to 2 years and fines of up to $150,000 plus surcharges
Public Sexual Indecency Crimes
Unlike indecent exposure, public sexual indecency involves two people engaging in a sexual act in front of others. According to A.R.S. 13-1403, this could be:
- An act of sexual contact
- An act of sexual or oral intercourse
- An act of bestiality
Public sexual indecency does not have to be physically committed on the victim, but instead just has to occur in the victim’s presence. If you are a first time offender found guilty of public sexual indecency, then presumptively:
- You will face a class 1 misdemeanor punishable by up to 1 year in jail and fines of up to $2500 plus surcharges
However, if you are a first time offender found guilty of public sexual indecency in front of a minor, you will face:
- A class 5 felony, including up to 2.5 years in prison and fines of up to $150,000 plus surcharges
Other Indecent Exposure and Public Sexual Indecency Penalties
If you are convicted of either indecent exposure or public sexual indecency in Phoenix, you may face other penalties in addition to incarceration and fines, including:
- Being ordered to register as a sex offender
- Having a permanent, publicly searchable criminal record
- Having restrictions placed on professional memberships, living situations, and future employment options
- Having monitored probation
- Attending court-ordered counseling and/or diversion programs
If you have prior sexual crimes convictions, and then are convicted of indecent exposure or public sexual indecency, you can face harsher sentencing including:
- A mitigated term of up to 6 years in prison
- A minimum term of up to 8 years in prison
- A presumptive term of up to 10 years in prison
- A maximum term of up to 12 years in prison
- An aggravated term of up to 15 years in prison
Trust Phoenix Criminal Attorney With Your Indecent Exposure Crime Defense
The best way to avoid an indecent exposure or public sexual indecency charge is to make sure you only engage in sexual behavior in private and with other consenting adults. However, if you find yourself facing indecent exposure or public sexual indecency charges in Phoenix, it is essential to consult a defense attorney with proven experience defending indecent exposure crimes of all severities.
We can help defend you against indecent exposure or public sexual indecency charges by making sure your constitutional rights are being duly served. We will not stop fighting for your rights, by making sure that every possible legal option and defense strategy is available to you. If you are facing an indecent exposure or public sexual indecency charge in Phoenix, contact us today for a private, no obligation consultation at 602-551-8092.
