Engaging in a sex act when other people are present is charged under the Public Sexual Indecency statute.
Arizona Revised Statutes § 13-1403 provides that a person commits public sexual indecency by intentionally or knowingly engaging in any of the listed acts if another person is present and is reckless about whether that person, as a reasonable person, would be alarmed or offended by the act. The acts included are an act of sexual contact, an act of oral sexual contact, an act of sexual intercourse, or an act of bestiality.
“Sexual Contact” is defined by Arizona Revised Statutes § 13-1401(3) as any direct or indirect touching, fondling, or manipulating of any part of the genitals, anus, or female breast by any part of the body or by any object, or causing another person to engage in such contact.
“Oral Sexual Contact” is defined by Arizona Revised Statutes § 13-1401(1) as oral contact with the penis, vulva, or anus.
“Sexual Intercourse” is defined by Arizona Revised Statutes § 13-1401(4) as penetration into the penis, vulva, or anus by any part of the body or by any object, or masturbatory contact with the penis or vulva.
“Bestiality” is defined by Arizona Revised Statutes § 13-1411 as knowingly engaging in oral sexual contact, sexual contact, or sexual intercourse with an animal, or causing another person to do the same.
The punishment for Public Sexual Indecency depends on the age of the other person who was present. If they are 15 years or older, then public sexual indecency is a Class 1 Misdemeanor. If you are convicted of a Class 1 Misdemeanor then you face a maximum fine of $2,500, a maximum jail term of 6 months, and be placed on probation for up to 3 years. If you are convicted of Public Sexual Indecency, even if it is a misdemeanor, you may be required to register as a sex offender for the remainder of your life.
If the other person present was a minor under the age of 15, then Public Sexual Indecency is a Class 5 Felony. Conviction for a felony leads to substantially harsher punishment. Punishment for felony Public Sexual Indecency to a Minor can include a prison sentence of 6 months to 2.5 years, fines of up to $150,000 plus surcharges, and lifetime probation. You may also be required to register as a sex offender for the remainder of your life. A felony conviction also leads to other, non-criminal consequences, like loss of civil rights, difficulties obtaining employment, and a permanent criminal record. If you have prior felony convictions then a conviction for a felony Public Sexual Indecency to a Minor may lead to even harsher sentences with mandatory prison time.
If you are facing a charge of Public Sexual Indecency or Public Sexual Indecency to a Minor, you are facing a lifetime of consequences. You need a Phoenix criminal lawyer with the know-how and experience to help you find any weakness in the prosecution’s case and build the best defense possible. The attorneys at AZ defenders will aggressively and effectively fight for you in your Public Sexual Indecency case. Every case of Public Sexual Indecency is different, so contact AZ Defenders today at (480) 248-7666 or online for a free consultation to find out what your best options and defenses are.