Posted on January 28, 2025 in Sex Crimes
ARS 13-1403 is the statute that defines public sexual indecency, for which you can face a class 1 misdemeanor or class 5 felony.
If you are facing Arizona public indecency charges, AZ Defenders can represent you. Our experienced sex crimes defense lawyers know how to negotiate with prosecuting attorneys and construct a strong legal defense.
Call us at (480) 456-6400 to speak with a sex crimes criminal defense lawyer and to set up a free consultation to discuss your legal options.
The statutory definition of public sexual indecency reads as follows:
“A person commits public sexual indecency by intentionally or knowingly engaging in any of the following acts, if another person is present, and the defendant is reckless about whether such other person, as a reasonable person, would be offended or alarmed by the act:
As with many Arizona revised statutes, the terms of the law are subject to specific definitions. For public sexual indecency charges, one of the most important terms to understand is “sexual contact.”
Another Arizona statute, ARS 13-1401(A)(3)(a), defines sexual contact 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 a person to engage in such contact.” Subsection (A)(3)(b) goes on, “Does not include direct or indirect touching or manipulating during caretaking responsibilities or interactions with a minor or vulnerable adult that an objective, reasonable person would recognize as normal and reasonable under the circumstances.”
Sexual contact by itself does not trigger the application of the public sexual indecency law. It is the circumstantial nature of that contact that makes the difference, specifically whether it is determined as reckless by another person (i.e., victim and/or witness), in the eyes of a reasonable person, would be offended or alarmed by the act.
It can be tempting to confuse public sexual indecency charges with charges of indecent exposure under ARS 13-1402. Although both offenses involve reckless disregard toward another person of reasonable sensibilities, the main difference between the two is that public sexual indecency cases require more than just exposing the genitals, anus, or exposure of the female breast nipple or areola: it requires an act of sexual intercourse or other sexual contact.
Indecent exposure is a class 1 misdemeanor unless the witness is under the age of 15; then, it’s a class 6 felony for a first-time offense.
A conviction for public sexual indecency can be a misdemeanor or a felony, depending on who the third party witnessing the act is.
The table below shows the potential penalties for misdemeanor and felony conviction penalties for public sexual indecency.
Type of Offense | Class of Crime | Penalties |
---|---|---|
Public sexual indecency in front of someone at least 15 years old | Class 1 Misdemeanor | Jail sentence of up to six months Fine of up to $2500 with surcharge of 84% Probation for up to 3 years Possible educational and counseling requirements |
Public sexual indecency in front of someone less than 15 years old | Class 5 Felony | First offense: Probation or a prison sentence of six months to 2.5 years Second offense: Prison sentence of 1 to 3.75 years Third offense (if prior felony convictions were for non-sex crimes): 3 to 7.5 years in prison |
Public sexual indecency in front of someone less than 15 years old with 2 or more prior felony sex crimes | Class 5 Felony | Prison sentence of 6 to 15 years |
As with many other criminal convictions under Arizona law, court-ordered consequences like jail or prison sentences, fines, and probation are only the beginning of what you can experience.
A conviction for public sexual indecency remains on your public record, and it can haunt you when you are looking for work, finding a place to live, obtaining or keeping a professional license, or buying or owning a firearm in the state of Arizona (if convicted of felony public sexual indecency).
A first-time conviction for public sexual indecency may also lead to the requirement to register as a sex offender in Arizona.
You are not defenseless when the state charges you with public sexual indecency under ARS 13-1403. Several ways exist to challenge the prosecution’s case against you; an experienced sex crimes defense attorney will know which may apply based on the circumstances of your situation.
Here are some possible defenses that your criminal defense lawyer can consider using for you during plea negotiations or in a jury trial.
The prosecution in a public sexual indecency case must prove beyond a reasonable doubt all elements of the crime. Failure to do so for any one element will defeat the prosecution’s case. Thus, common defenses in negotiations or trial will seek to cast doubt on the prosecution in the following ways:
The prosecution must be able to support its charges under ARS 13-1403 with credible evidence against you. Pointing out weaknesses in the prosecution’s evidence or how it obtains the evidence are other ways to create reasonable doubt in their case. Some examples of such weaknesses:
If you are facing a charge under Arizona’s public sexual indecency statute, then you are facing sex crime consequences that can include a misdemeanor or felony violation on your permanent criminal record and possible registration as a sex offender.
AZ Defenders has multiple criminal law attorneys and over 150 years of combined experience. We’ll do everything in our power to secure the best possible outcome on your behalf.
Every case of public sexual indecency is different, so contact AZ Defenders today at 480-456-6400 or online for a free consultation.