According to per A.R.S §13-1402, “when a person exposes his or her genitals or anus, or a female exposes the areola or nipple of her breast (not including when breastfeeding), and 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,” then the person has committed the criminal act of indecent exposure.
In Arizona, if you are convicted of indecent exposure, you will either be convicted of a misdemeanor felony. If the crime was committed in front of a witness who is at least 15 years old, then it qualifies as a misdemeanor. If the crime is committed in front of a witness or has not yet reached their 15th birthday, then it qualifies as a class six felony.
There are two key details to the A.R.S §13-1402 statute that deserve careful observation. In order for a person to be convicted of indecent exposure, it must be proven that he or she was “reckless” in regard to “offending” the witness. For example, if a male walks into a public restroom and sees the genitals of another man using a urinal, this does not give the person the right to be offended. It is perfectly reasonable to expect to witness nudity such as this in a men’s public restroom.
If you have been charged with indecent exposure, it is crucial that you contact a qualified attorney as soon as possible. This type of professional can help determine whether or not you actually committed the crime and if you did, a lawyer can help present mitigating reasons for having the charges dismissed or lowered.
When arrested for indecent exposure, you may or may not have to spend time in jail. Most times, you will be arrested and released with a date to return to court. If, however, you are on probation for a prior conviction or charge, you may not be released because acquiring a new charge is most likely a violation of your probation. Whether you are released or not, you need to contact an attorney as quickly as possible to ensure your case is handled properly.
If you are convicted of indecent exposure as a misdemeanor, you will face a sentence ranging from probation to up to six months in jail. Your sentence will also likely include a $2,500 fine plus an 84% surcharge. Additionally, a judge can sentence you to be on probation for up to three years and mandatory counseling.
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