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 Aggravated Assault for more information.
| Code Section | |
| 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.
Always remember, that if you or someone you love is charged with a sexual crime such as indecent exposure, it is important to have the most up-to-date laws available to you, particularly if you are facing a crime that involves mandatory registration as a sex offender.
Arizona Indecent Exposure Laws: Additional Resources
If you have additional questions about sex crimes in Arizona or just want to do additional research, FindLaw has made it easy for you. Click on the links below to learn more.
Charged With Indecent Exposure? An Arizona Attorney Can Help
Indecent exposure is a sex crime that can carry serious consequences in Arizona, including registration as a sex offender. A skilled attorney can punch holes in the prosecution's case, get the charges reduced, or otherwise craft the best possible defense. Don't delay; contact an experienced Arizona defense attorney today.
