Arizona Indecent Exposure Laws

Arizona law defines indecent exposure as when a person intentionally exposes their private parts in front of people to offend them. The critical part of Arizona's indecent exposure statute is that the offender be reckless about their exposure and the impact it may have on the people around them.

For example, a reasonable person would not take offense at someone being naked in a gym locker room. But they would consider it public sexual indecency for someone to strip naked while in a department store.

While this is one of the less serious sex crimes, a conviction can impact your personal and professional lives. This is why anyone facing indecent exposure charges should get to know Arizona's indecent exposure laws and the penalties for these crimes.

Here, we'll explain the laws on public indecency in Arizona. We will also describe the penalties and defenses for this criminal offense. If you're involved in a criminal case after exposing your intimate body parts in public, contact an experienced Arizona criminal defense lawyer.

What Acts Qualify as Public Indecency in Arizona?

According to Arizona Revised Statutes §13-1403, a person may face indecent exposure charges if they engage in nudity or perform certain sex acts in public.

An Arizona police officer may arrest you if they see you engaging in any of the following acts in public:

  • Public nudity
  • Exposure of your intimate body parts
  • Act of sexual contact
  • Oral sexual contact
  • Bestiality
  • Sexual intercourse
  • Any other sexual act that may offend the reasonable person

Upon arrest, the officer will read you the Miranda warnings, and you'll have the right to contact an experienced lawyer.

Arizona Indecent Exposure Laws at a Glance

An indecent exposure conviction will result in a criminal record and penalties. It can be challenging to navigate Arizona's criminal statutes. So, we offer the following table, which highlights the main provisions of Arizona's indecent exposure laws. See Sexual Assault, Sex Crimes, and Aggravated Assault for more information.

Code section Arizona Revised Statute §13-1402
What is prohibited

A.R.S. 13-1402 prohibits a person from intentionally exposing their private parts (genitals or anus, or a female exposes the areola or nipple of her breast) to another person. The defendant must be reckless about the fact that the other person may take offense.

Penalties

The penalties for this crime range from up to three years of probation to six months of jail time. You may also face fines of up to $2,500.00 plus an 84% surcharge.

If the victim is 15 or older, the state will charge you with a Class 1 misdemeanor.

If the victim is under 15, the conviction is a Class 6 felony. The judge will issue a probation sentence or up to two years in prison. The defendant will also face the above fines.

Depending on the circumstances of your indecent exposure case, you may also have to register as a sex offender.

Potential defenses

There are a handful of possible defenses to indecent exposure charges in Arizona. These include:

  • Accidental exposure
  • Lack of recklessness
  • Lack of knowledge that other people may see the public exposure
  • Insufficient evidence to prove exposure happened
  • Lack of intent to offend

Your indecent exposure lawyer must submit proof to support any of the above defenses.

Exceptions

Breastfeeding in public

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

Charged With Indecent Exposure? An Arizona Attorney Can Help

Indecent exposure is a crime that can carry serious consequences, including having to register as a sex offender. A skilled sex crime attorney can give you sound legal advice, punch holes in the prosecution's case, convince them to drop or reduce the charges, or craft the best possible defense.

It's best to seek legal counsel immediately after your arrest so your criminal defense attorney can create the most robust defense strategy. This is especially true if you have prior felony convictions.

Arizona Indecent Exposure Laws: More Resources

If you have more questions about sex crimes in Arizona or want to do further research, FindLaw has made it easy for you.

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