Arizona Revised Statutes § 13-1402 criminalizes exposing your genitals, anus, or female areola or nipple, to another person if you are reckless about whether that other person, as a reasonable person, would be alarmed by the exposure.
Whether or not Indecent Exposure is a felony or a misdemeanor depends on two factors: (1) whether you have been previously convicted of Indecent Exposure, and (2) the age of the other person involved.
If the other person involved is 15 years of age or older and you do not have two prior convictions for Indecent Exposure, then Indecent Exposure is a Class 1 Misdemeanor. If convicted, you face a maximum punishment of 6 months in jail, a $2,500 fine, and up to 3 years of probation. Even though this is a misdemeanor, the judge that sentences you may require you to register as a sex offender for the remainder of your life.
If the other person involved is younger than 15 or you have two prior convictions for Indecent Exposure, then Indecent Exposure is a Class 6 Felony. If you are convicted of a Class 6 Felony you face 4 months to 2 years in prison, a $150,000 fine plus surcharges, and potential lifetime probation. The judge that sentences you may require you to register as a sex offender. The potential sentence may increase, depending on your felony criminal history.
If you have two historical prior felony convictions for Indecent Exposure and are convicted of Felony Indecent Exposure, then it is a Class 3 Felony and you face an even harsher mandatory prison sentence, along with fines and potential registration as a sex offender.
If you are facing Indecent Exposure charges, whether misdemeanor or felony, you are facing consequences that will last a lifetime. Don’t face those consequences alone. Speak to the attorneys at AZ Defenders today about the possible defenses in your case that can be raised so you can protect your rights, freedom, and good name. Contact us today at 480-248-7666 or online for a free consultation.