Arizona Indecent Exposure Laws

In Arizona, it is considered indecent exposure when a person intentionally exposes his or her private parts where other people are present and it reckless about the fact that another person would be offended.

The most important point is that the defendant must be reckless about his or her exposure. Being naked in a locker room with no other offense conduct would not be considered reckless because that is an environment you would expect someone to be nude.

Arizona Indecent Exposure Penalties

If the victim is fifteen or more years of age it is a class 1 misdemeanor. While there is not a mandatory jail sentence, the maximum jail term for a class 1 misdemeanor is six (6) months.

If the victim is under the age of fifteen the conviction is a class 6 felony. While probation is possible, a judge has the ability to sentence a person to a prison term ranging from a few months up to 2 years.

The following table highlights the main provisions of the Arizona's indecent exposure laws. See Sexual Assault, Sex Crimes, and Sex Offenders and Sex Offenses for more information.

 

Code Section

13-1402

What is Prohibited

Intentionally exposing your private parts exposes (genitals or anus, or a female exposes the areola or nipple of her breast) and another person is present. The defendant must be reckless about the fact that the other person may be offended.

Penalties

The range of punishment for a class one (1) misdemeanor is probation with anywhere from zero (0) days in jail up to six (6) months in jail, and a fine of up to $2500.00 plus an 84% surcharge, and probation up to three (3) years (which can include classes and counseling).dollar ($1000) fine.

Enhanced Penalties

If the person who witnessed the exposure was under fifteen (15), then this crime can be charged as a class six (6) felony.

Exceptions

Breast feeding in public

City, Town and Campus Ordinances

In addition to a state wide ban on public indecency, there are also local ordinances that citizens must abide by. Check your local city, town, or campus rules for more information.

Because the state of Arizona's indecent exposure laws can sometimes get complicated it may also be a good idea to consult an experienced criminal defense attorney if you have questions about your specific situation.

Next Steps: Search for a Local Attorney

Contact a qualified attorney.