Indecent Exposure Defense
An indecent exposure charge can feel humiliating, and it often rests on one person's account of a brief moment. You deserve a calm look at what the law actually requires and what the charge could mean for you.
We can help. Nova Law Group was built by a former Maricopa County Attorney’s Office felony prosecutor. We prepare every case as if it is going to trial, and we take a meticulous, aggressive approach, fighting from every angle, because the report is only one side of the story.
Talk to us before you talk to anyone else. Call (480) 405-6767. Consultations are free and confidential, and the earlier we are involved, the more we can do.
At a glance
- The law: Indecent exposure is defined in A.R.S. § 13-1402. A related charge, public sexual indecency, is in A.R.S. § 13-1403.
- How it is classified: A class 1 misdemeanor when the other person is 15 or older. It is a class 6 felony if the other person is under 15, or with certain prior convictions.
- Possible sentence: A first misdemeanor carries up to 6 months in jail and a fine of up to $2,500; a first class 6 felony has a prison range of .33 to 2 years.
- Where the case is heard: A misdemeanor goes to a city (municipal) court or a justice court, depending on where it happened. A felony goes to Maricopa County Superior Court.
- What to do now: Write down what you remember about the time, place and people nearby, and share it only with your lawyer.
What the law says
Under § 13-1402(A), the State must prove each of these elements:
- You exposed your genitals or anus, or, for a woman, the areola or nipple of the breast.
- Another person was present.
- You were reckless about whether that person, as a reasonable person, would be offended or alarmed by the act.
The required mental state is recklessness, not intent. The question is whether you were reckless about how a reasonable person would react, so the case can turn on the setting, the lighting and what you knew about who could see. Section 13-1402(B) states that indecent exposure "does not include an act of breast-feeding by a mother."
How it differs from public sexual indecency
Public sexual indecency under § 13-1403(A) involves intentionally or knowingly engaging in one of the sexual acts listed in the statute while another person is present, with the same recklessness about offending a reasonable person. Public sexual indecency to a minor, under § 13-1403(B), applies when the person is reckless about whether a minor under 15 is present. Exposure alone is charged under § 13-1402, not § 13-1403.
How it is classified
| Situation | Class | Statute |
|---|---|---|
| Exposure to a person 15 or older | Class 1 misdemeanor | § 13-1402(C) |
| Exposure to a person 15 or older, with two or more prior indecent exposure convictions or a prior sexual assault conviction | Class 6 felony | § 13-1402(C) |
| Exposure to a person under 15 | Class 6 felony | § 13-1402(C) |
| Felony exposure with two or more historical prior felony convictions involving exposure or indecency to a minor under 15 | Class 3 felony, special range | § 13-1402(D) |
| Public sexual indecency | Class 1 misdemeanor | § 13-1403(C) |
| Public sexual indecency to a minor | Class 5 felony | § 13-1403(C) |
Where the case is heard
Misdemeanors are heard in a city (municipal) court or a justice court, depending on where it happened. In misdemeanor court, once the State avows it will not seek jail and the judge agrees, there is no right to an appointed lawyer (Ariz. R. Crim. P. 6.1(b); Campa v. Fleming, 134 Ariz. 330 (App. 1982)). Felonies in Maricopa County are heard in Maricopa County Superior Court in the downtown Phoenix criminal court complex (Central Court Building, 201 W. Jefferson St.; South Court Tower, 175 W. Madison St.). Confirm the building on your current notice. A Maricopa County felony does not go through a justice court first. On a felony, the right to appointed counsel attaches.
Possible penalties
- Class 1 misdemeanor: Up to six months in jail under A.R.S. § 13-707(A) and a fine of up to $2,500 under A.R.S. § 13-802(A).
- Class 6 felony, first offense: .33 to 2 years, with 1 year presumptive, under A.R.S. § 13-702(D). Section 13-1402 does not itself require prison for a first felony offense.
- Class 5 felony (public sexual indecency to a minor), first offense: .5 to 2.5 years, with 1.5 years presumptive, under § 13-702(D).
- Class 3 repeat-offense range: 6, 8, 10, 12 or 15 years (mitigated through aggravated), with 10 years presumptive, under § 13-1402(D).
A class 6 felony can sometimes be entered as a class 1 misdemeanor, or left undesignated until probation ends, under A.R.S. § 13-604(A). That option is not available for a dangerous offense or for a person with two or more prior felony convictions, and the court must find felony sentencing would be unduly harsh.
Consequences beyond the sentence
- Registration: Under A.R.S. § 13-3821(A), registration is required for a second or subsequent indecent exposure to a person under 15, or a third or subsequent indecent exposure of any kind. Under § 13-3821(C), a judge sentencing any offense in the sexual offenses chapter, which includes § 13-1402, may also order registration. Within ten days of a § 13-1402 conviction, a city or justice court must notify the arresting agency, which then decides whether registration is required (§ 13-3821(L)). Read more on our sex offender registration page.
- Record: A set-aside is not available if you are required or ordered to register, if there was a finding of sexual motivation, or for a felony where the victim was under 15 (A.R.S. § 13-905(P)). Sealing under A.R.S. § 13-911(O) has its own exclusions, including class 2 to 5 felonies in the sexual offenses chapter. See record sealing and set-asides.
- Firearms: A felony conviction triggers the federal ban in 18 U.S.C. § 922(g)(1).
- Immigration: Some convictions can carry removal risk under 8 U.S.C. § 1227(a)(2). If you are not a U.S. citizen, talk to an immigration lawyer before you accept any plea.
- Work and licensing: A sex-related conviction can affect employment, professional licenses and background checks.
Avoiding jail is not the same as avoiding a conviction. A plea with no jail can still leave a conviction that counts as a prior, which matters because repeat offenses move up in class and can bring registration.
How we defend indecent exposure cases
These cases often rest on one witness's account of a brief moment. We look closely at each element, the setting and the way the person was identified.
- Exposure: Was a body part named in the statute actually exposed, or was this a clothing problem or a partial view that is being described as more?
- Presence: Was another person actually present, and could that person see what is described?
- Recklessness: Where it happened matters. A private home, an enclosed space, or a place where you had no reason to expect anyone could see may cut against recklessness.
- Identification: Distance, lighting, the length of the view and any video can raise questions about who the witness saw.
- Age and priors: The class depends on whether the person was under 15 and on qualifying priors. We check that both are proven, not assumed.
- Mitigation: Counseling, medical or mental health factors, and your history can matter in negotiations, in a request for misdemeanor designation, and in arguments about discretionary registration.
Why Nova Law Group
Nova Law Group was built by Ryan Tait, a former Maricopa County Attorney’s Office felony prosecutor. The practice is criminal defense first. We keep caseloads deliberately low, which means the lawyers on your case have time to actually watch the video and read the reports line by line. We take cases to trial when trial is the right pressure. Overcharging happens, and a case that is genuinely prepared for trial changes the conversation with the prosecutor. Most criminal cases are quoted as a flat fee. Consultations are free and confidential.
Common questions
It is usually a class 1 misdemeanor when the other person is 15 or older. It becomes a class 6 felony if the person is under 15, or if you have two or more prior indecent exposure convictions or a prior sexual assault conviction. Repeat felony cases involving minors can become a class 3 felony under § 13-1402(D).
Registration is mandatory for repeat offenses described in § 13-3821(A). For other cases, a judge may order registration under § 13-3821(C). That makes the sentencing hearing and any plea terms especially important.
The statute asks whether you were reckless about whether a reasonable person would be offended or alarmed. The witness's actual reaction is part of the evidence, but it is not the legal test. The setting and what you knew about who could see are often more important.
A class 6 felony may be entered as a class 1 misdemeanor, or left undesignated during probation, under § 13-604(A), unless an exception applies. The court must find that felony sentencing would be unduly harsh. Your lawyer can ask for this at sentencing or in negotiations.
Sources
Arizona statutes link to the official text on azleg.gov, the Arizona State Legislature’s website. Federal law and general legal references link to Cornell Law School’s Legal Information Institute (LII). Laws change, so the version in effect on the date of your case controls.
Arizona law (azleg.gov)
- A.R.S. § 13-1402: Indecent exposure; exception; classification
- A.R.S. § 13-1403: Public sexual indecency; public sexual indecency to a minor; classification
- A.R.S. § 13-707: Misdemeanors; sentencing
- A.R.S. § 13-802: Fines for misdemeanors
- A.R.S. § 13-702: First time felony offenders; sentencing; definition
- A.R.S. § 13-604: Class 6 felony; designation
- A.R.S. § 13-3821: Persons required to register; procedure; identification card; assessment; definitions
- A.R.S. § 13-905: Setting aside judgment of convicted person on discharge; application; release from disabilities; certificate of second chance
- A.R.S. § 13-911: Sealing of arrest, conviction and sentencing records; requirements; fee; appeal; definition
Cornell Legal Information Institute
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