Most people believe the government cannot interfere with their private lives, especially sexual activity. Nevertheless, as with everything, there are exceptions. Like in most states, Arizona bans public sexual indecency (engaging in sexual intercourse, bestiality, oral sex, or sexual contact in the presence of somebody else with a reckless disregard for whether you would offend the individual). If found guilty, you will face a felony with lengthy incarceration as a penalty. Your reputation, a potential criminal record, and many aspects of your life are on the line. Phoenix Criminal Attorney can help protect your constitutional rights and work with you on your best defense.
How Does the Law Define Arizona Revised Statutes 13-1403?
The prosecutor will charge you with public indecency criminal charges (Arizona Revised Statutes 13-1403) if you:
- Engaged in oral sexual contact, bestiality, sexual intercourse, or sexual contact,
- In the presence of somebody else, and
- Acted so with a reckless disregard for whether the individual would be offended.
Below are definitions of key legal terms and phrases:
- Oral sexual contact — Oral contact with the anus, vulva, or penis.
- Sexual contact — Any indirect or direct fondling, manipulating, or touching of the female breast, anus, or genitals using an object or any body part or causing an individual to participate in contact.
- Sexual intercourse — Penetration in the anus or vulva using an object or any body part or masturbatory interaction with the vulva or penis.
- Bestiality — Engaging in sexual intercourse, oral sex, or sexual contact with an animal or making somebody else participate in sexual intercourse, oral sex, or sexual contact with an animal.
The judge uses case facts to determine whether the accused’s act would offend a reasonable individual and whether the defendant acted recklessly.
Penalties and Consequences of Violating Public Sexual Indecency
The potential penalties for violating Arizona Revised Statutes 13-1403 vary depending on who witnessed the act.
The sex offenses under Arizona Revised Statutes 13-1403 are Class One misdemeanors that attract a six-month maximum jail sentence, a $2,500 fine, and three years of probation.
Violation of this law in the presence of a juvenile below 15 is a Class 5 felony that carries a two-and-a-half-year prison sentence.
If found guilty of a felony and you have at least two previous Arizona Revised Statutes 13-1403 felony convictions, you will spend ten years in prison.
A defendant with more than three ARS 13-1403 convictions should:
- Register as a sex offender, and
- Their city's local law enforcement authority will place them on the Arizona sex offender registry.
Legal Defenses to the Criminal Charge
You can fight Arizona Revised Statutes 13-1403 criminal charges using a legal defense as a defendant. Your skilled criminal defense attorney should collect evidence and analyze case facts to determine the most viable legal defense.
Common legal strategies and defenses include the following:
There Was No Recklessness
One element of this crime is that you recklessly disregarded whether your sexual conduct would offend an individual. Therefore, it is a defense for you to prove that you did not behave with this recklessness.
Mistaken Identity
It is an effective defense for the accused to prove they were a victim of mistaken identity.
It is common for a victim to misidentify a person to law enforcement. For instance, it was at night when the offense was committed.
Your Conduct Was Not Reasonably Offensive
Another fact of the offense is that your conduct would have offended a reasonable individual. Consequently, arguing that your behavior was not reasonably offensive is an effective legal strategy.
Related Offenses
Discussed below are crimes that a prosecutor can file instead of or alongside Arizona Revised Statutes 13-1403:
Arizona Revised Statutes 13-2904 (Disorderly Conduct)
Arizona Revised Statutes 13-2904 defines disorderly conduct as knowingly engaging in disruptive conduct and acting so intending to disturb the quietness or peace of a neighborhood.
Some examples of violations of this law include the following:
- Playing excessively loud music in an apartment
- Failing to comply with a law enforcer’s order to stay away from a dangerous substance
- Making noise
Most disorderly conduct crimes are Class 1 misdemeanors punishable by:
- Six (6) months in jail, and
- $2,500 in fine
However, the crime becomes a Class 6 felony if the defendant violates the law by recklessly discharging or handling a weapon. It carries a two-year state prison sentence.
Revenge Porn
Arizona Revised Statutes 13-1425 make it illegal for an individual to reveal images of somebody else if the following applies:
- The individual in the image of concern is engaging in sexual activity or is shown in a state of nudity,
- The portrayed person has reasonable privacy expectations, and
- The defendant disclosed the image intending to intimidate, threaten, harass, coerce, or harm the victim.
Typically, a violation of the revenge porn law is a Class 5 felony. It attracts the following penalties:
- A one-hundred-and-fifty-dollar fine
- A maximum of two years and six months in state prison
Rape (Sexual Assault)
Arizona Revised Statutes define sexual assault (rape) as knowingly and deliberately engaging in oral sex or sexual intercourse with somebody else without their consent.
The crime is a Class 2 felony with at least seven years in state prison as a penalty.
Below are factors that can enhance the potential sentence:
- The alleged victim was below twelve at the time of the crime
- The sexual assault involved the infliction of serious physical injuries
- The defendant has previous felony convictions.
- The rape involved knowingly or deliberately administering a controlled substance without the victim’s knowledge.
How Public Sexual Indecency Differs from Indecent Exposure
In Arizona, exposing yourself to a person in public is a crime. While most people use the terms “public sexual indecency" and “indecent exposure” interchangeably, they differ. Both charges involve exposing the genitals and are punishable by sex offender registration. Nonetheless, each of these criminal charges carries different penalties.
A defendant violates the indecent exposure law when:
- They expose their anus or genitals or expose the nipple or areola of their breast(s), and somebody else is present and
- The defendant is reckless about whether the other person would be alarmed or offended by the act.
Breastfeeding your child does not count as indecent exposure.
That means if a person exposes themselves in a locked changing room where no person is observing them or in a space where other people would expect to be exposed similarly, there is no reasonable cause to be offended.
If found guilty of indecent exposure and the victim is over fifteen years old, you will face a Class 1 misdemeanor. It is punishable by a six-month jail sentence. If the alleged victim is under 15, the offense becomes a Class 6 felony that carries up to two years in jail.
Sex Offender Registration Requirement
The Arizona Department of Public Safety maintains a sex offender registry as a database of any person working, studying, working, or living in Arizona who has been found guilty of a specific sex crime. The sex offender registration requirement aims to:
- Allow police to monitor sex offenders, and
- Advise the general public of the defendant’s location.
Sex offenders are classified into three tiers, namely:
- Level One
- Level Two
- Level Three
If convicted of violating Arizona Revised Statutes 13-1403, a person should abide by the sex offender registration requirement if they are:
- Convicted or
- Adjudicated guilty except insane.
You should register within ten days of your conviction. Once you are released, the Arizona Department of Corrections will forward your criminal record to the sheriff of your county of residence and the Arizona Department of Public Safety.
Registration is in person.
The registration requires you to pay a two-hundred-and-fifty-dollar fee and offer the information below:
- Your full name
- Your aliases
- Electronic fingerprint
- Usernames or online identifiers like an email address
- A recent photograph
- Blood samples for DNA proof
- Mailing address
Additionally, you should re-register every year after meeting your initial registration requirement. Re-registering involves verifying the specifics you submitted in your initial registration.
The Motor Vehicle Department will also issue you another driver’s license. The defendant should renew their photo and license every year. When renewing their driver’s license with the Arizona MVD, the accused should provide proof of their address.
Various Sex Offender Levels
The three tiers are based on the defendant’s possibility of committing the crime again:
- Level One for a low-risk offender
- Level Two
- Level Three for a high-risk offender
A registrant is put into either of these levels after an assessment screening. A risk assessment considers the following factors when determining your risk level:
- The accused’s previous criminal history and record
- The gender and number of the alleged victims
- The accused’s relationship with the alleged victim
- Circumstances surrounding the case, like whether you, the accused, applied force
- The accused's IQ or whether they have a mental health disease
- Discernable sexual behavior like pedophilia or fetishes
- Drug or alcohol abuse
- Conduct while confined, like whether the accused person completed their sex offender treatment
The public can access your information online as a Level Two and Level Three sex offender. Available information includes the following:
- Your name, address, and age
- Your current photograph
- The crime that resulted in your sex offender registration requirement
- Your sex offender tier
After your release from incarceration or moving to another area, the community should be informed of your presence. The level of notification depends mainly on your tier.
For a Tier One sex offender, the law enforcement authority will maintain the defendant’s records. The agency will inform individuals living near the defendant.
For Tier 2 and Tier 3 defendants, the law enforcement authority will distribute flyers to the offender’s boss, schools, and the local community. The agency can also print the flier for newspapers or post it online.
Arizona Sex Offender Residency Restrictions
The law bans the “clustering” of sex offenders registered in an area. In other words, sex offenders on probation cannot exceed ten percent of the total units in multi-family homes in counties with at least 2.5 million people.
If you committed a sex crime against a child, the law would not permit you to live within one thousand feet of:
- A childcare facility,
- A public elementary, middle, or high school, or
- A private school
in the state.
Additionally, you should not live within one thousand feet of your victim’s residence, except if you have written consent from your victim.
Landlords conduct thorough background checks before allowing sex offenders on their properties, making it challenging to secure affordable housing.
What Happens If You Change Your Name or Relocate?
If you change your name or relocate, you should update your details in the sex offender registry database by alerting the county sheriff within three working days. It would be best if you did this by mail or in person. Moreover, you should notify the sheriff of the county you are relocating to within three days.
When Does the Registration Requirement End?
Typically, sex offenders should continue re-registering annually for the rest of their lives. However, there are exemptions.
If a minor is adjudicated delinquent, they should comply with the sex offender registration requirement until they turn twenty-five.
If the accused committed the crime as a minor, the judge could end their registration requirement after completing probation.
What Happens If You Fail to Adhere to the Sex Offender Registration Requirement?
You could face criminal charges if you fail to:
- Update your details,
- Register, or
- Renew your registration.
Failing to comply with the registration obligation is a Class 4 felony. It attracts a conviction ranging from one year to three years and nine months in prison.
On the contrary, failing to re-register is a Class 6 felony. It carries the penalties below:
- A conviction that ranges from four (4) months to two (2) years in prison, and
- A two-hundred and-fifty-dollar assessment.
What to Expect If Facing Sex Criminal Charges
A sex crime arrest or conviction can adversely affect the trajectory of your life, and you should take action to protect your constitutional rights and freedom. As a result, it is important to understand how Arizona Revised Statutes 13-1403 allegations unfold into legal action.
Law Enforcement Investigations
After receiving an alleged sex crime complaint, the police will investigate the matter before bringing a criminal charge and arresting the suspect. The police investigate to collect evidence to determine whether the criminal claims are lawful.
Sometimes, the police can secretly investigate without the defendant’s knowledge. Generally, law enforcers contact the alleged defendant after conducting their investigations.
During the investigation, the police will interview the accuser and take note of what they say. If the complainant is a minor, the law enforcer will interview the juvenile’s parents, guardians, or anyone they think has details about the complaint.
The Police Contact You
The law enforcement agency will contact you during the investigation. They can leave you a voicemail or knock on your door. If a police officer comes to your home or workplace, they can downplay the sex accusations and hear your version of the story. They could tell you, "If you did not commit the crime, then why not discuss the matter with us?” or “We will help you when you talk to us.”
The police could only advise you of the Arizona Revised Statutes 13-1403 allegation if you agree to talk to them. Until a person is in police custody, the police are not obligated to read the defendant’s Miranda warning before interrogating them. The police can use whatever the defendant does or says against them in court.
The Fifth Amendment to the U.S. Constitution allows you to prevent self-incrimination. Inundated with emotions and fear, some people believe that if they cooperate with a law enforcer during the investigation, the officer will drop the criminal case. Please note that even when you deny your sex accusations, you could incriminate yourself with an inaccurate statement.
Exercise the right to remain silent. Politely say no to any efforts to question or acquire evidence from you. Also, it would help if you did not speak to a police officer without your criminal defense attorney present.
Your Loved Ones Asking You about Arizona Revised Statutes 13-1403 Allegations
Once your relatives and friends learn of your allegations, they will inquire more, and you might want to hear your version of the story. You never know who can or will hurt or help you. It is common for an innocent person lured into saying inappropriate things to the wrong person to suffer severe consequences. Your statement can be misinterpreted, misunderstood, and wrongly relayed to the police. Also, a prosecutor can subpoena any person to testify.
Being Arrested or Charged with a Crime
After the law enforcement agency believes it has adequate proof to justify an arrest warrant, it will present the details to the District Attorney, who will decide whether to issue the warrant.
Find a Qualified Sex Crime Criminal Defense Lawyer Near Me
If charged with Arizona Revised Statutes 13-1403, you risk facing a lifetime of consequences and penalties like incarceration, hefty fines, mandatory sex offender registration, and challenges finding employment, affordable housing, and educational opportunities. Consequently, you require a skilled defense lawyer with the experience and knowledge to assist you in identifying any gaps in the prosecutor’s case and building the strongest defense possible.
The legal team at Phoenix Criminal Attorney understands a conviction's severe repercussions and can effectively and aggressively fight for your rights, freedom, and life. Since every case is unique, we invite you to contact our office at 602-551-8092 and schedule your initial consultation. We will be glad to ensure you learn about your available, effective legal defenses and options to increase your chances of obtaining favorable case outcomes.
