Arizona Public Sexual Indecency Attorney

Public sexual indecency is a serious crime in Arizona. The public sexual indecency statute is clear. The laws surrounding sexual acts are based on what a reasonable person would expect. A misdemeanor or felony conviction for an indecent sexual act could change your life forever.

If you have been accused of inappropriate sexual acts, including sexual intercourse, we can defend you. At Genesis DUI & Criminal Defense Lawyers, we always put your rights first. Learn more about public indecency below. Then, contact us for a free case consultation.

Our Arizona Public Sexual Indecency Attorney Defends Your Rights

Public sexual indecency is when a person has voluntary sex or sexual contact, and another person is around who may be offended. This includes oral sex, intercourse, and any sexual touching. The law also includes situations where a person has sex with an animal while another person is present.

Public sexual indecency to a minor is where a person engages in the same sort of sexual activity but without a care as to whether a child 15 years or younger is around.

Public Sexual Indecency Is Prosecuted Vigorously in Arizona

In Arizona, public sexual indecency charges are taken very seriously and prosecuted aggressively. This offense typically involves engaging in sexual acts where others are present who might be offended or alarmed by the actions. The law aims to maintain public decency and protect citizens from exposure to unwanted sexual behavior in public spaces.

If you are charged with public sexual indecency, it's important to understand the gravity of the accusation and the potential impact on your reputation and freedom.

These charges can lead to legal penalties, including fines, imprisonment, and mandatory registration as a sex offender. The consequences extend beyond the courtroom, affecting your relationships, employment opportunities, and standing in the community.

Our law firm is committed to providing a strong defense for individuals accused of public sexual indecency, understanding the sensitive nature of the charge. We approach each case with the discretion and seriousness it warrants to protect your rights and achieve the best possible outcome.

Examples of Public Sexual Indecency

• Exposure in a public place. Engaging in indecent exposure, such as revealing one's genitals in a park or other public space or having sexual intercourse, can lead to charges of public sexual indecency. This act is considered offensive to public decency and can alarm bystanders.
• Sexual acts in a vehicle. Performing sexual acts in a car parked in a public area where passersby can see inside is another form of public sexual indecency. Even if the participants believe they are hidden, visibility from outside can result in legal charges.
• Inappropriate behavior at public events. Engaging in explicit sexual behavior at public events, such as concerts or festivals, where others can observe such actions, qualifies as public sexual indecency. Despite the crowd or chaos, these environments do not shield one from legal repercussions.
• Nudity on public beaches. While some beaches allow nudity, on most public beaches, displaying nudity or engaging in sexual activities is illegal and can be charged as public sexual indecency. Knowing local laws regarding beach behavior is important to avoid unintentional offenses.
• Acts visible from private property. Committing sexual acts in private property areas like backyards or through open windows that are visible to the public or neighbors can also result in charges. This situation often leads to complaints from the community, prompting legal action.

Steps To Take If Accused of Public Sexual Indecency

1. Remain silent until you can speak with an attorney. Do not discuss the incident with police beyond identifying; anything you say can be used against you.
2. Contact a qualified defense attorney immediately. An experienced lawyer who understands the nuances of such cases can offer you the best chance of a favorable outcome.
3. Document everything you remember about the situation. Note the location, time, potential witnesses, and any other details that might support your defense.
4. Avoid discussing the case with anyone but your lawyer. Conversations about your case with others can accidentally harm your defense.
5. Follow all legal advice and court requirements. Attend all required court appearances and comply with any temporary orders.
6. Stay off social media.  Please do not post anything about your case online, as it could complicate your legal strategy.
7. Prepare for your defense. Work with your attorney to gather evidence and witness testimonies that may help your case.

Penalties for Public Sexual Indecency in Arizona

Public sexual indecency is generally a class 1 misdemeanor, meaning a person convicted of the crime could spend up to 6 months in jail and could be fined up to $2,500. Public sexual indecency to a minor is a class 5 felony punishable by up to 2.5 years in prison and fines up to $150,000.

For those convicted of felony public sexual indecency who already have at least two other felony public sexual indecency and/or indecent exposure convictions under their belt, the crime is punishable by six to 15 years in prison.

Prior felony convictions can substantially increase the penalties you face. If you face a public sexual indecency charge, contact us today.

How We Can Defend You

Our defense strategy will be tailored specifically to the circumstances of your case and the evidence presented against you. Some of the strategies we might use include:

Challenging the Witness's Credibility

One effective defense strategy involves challenging the credibility of witnesses claiming to have observed the alleged indecent act. We can question inconsistencies in their testimonies or their ability to see the events.

Establishing doubt about the reliability of witness accounts can weaken the prosecution's case. We aim to ensure that every testimony is scrutinized for accuracy and bias.

Proving Lack of Intent

We can argue that there was no intent to commit an indecent act, especially when the act could have been misconstrued. Proving that any exposure or behavior was accidental or unintentional can be a valid defense. This strategy demonstrates the absence of a motive to engage in public indecency. Establishing a context supporting a lack of deliberate intent is important.

Establishing Privacy Expectations

If the incident occurred in a location where you had a reasonable expectation of privacy, we could use this to defend against the charges.

For example, if the sexual act took place in a privately owned space that was not intended to be public, this could form the basis of your defense. We will gather evidence to show that you did not anticipate public exposure. Demonstrating that you took steps to ensure privacy can help mitigate the charges.

Negotiating Lesser Charges

If the evidence against you is substantial, negotiating for lesser charges may be a practical approach. We can work with the prosecution to reduce the charges to a less severe offense, potentially avoiding the harsh penalties associated with public sexual indecency. This might involve plea negotiations that result in reduced fines or alternative sentencing options.

Should You Take a Plea Bargain?

Deciding whether to accept a plea bargain when facing charges of public sexual indecency involves careful consideration. A plea bargain can sometimes offer a more predictable outcome than going to trial. It might reduce your penalties or change the charge to a less severe offense.

However, it also means admitting to a crime, which can have lasting effects on your reputation and legal record. You should thoroughly discuss all the implications of a plea deal with your attorney. They can help you understand the long-term consequences, including how it might affect your employment or personal life.

If this route is chosen, your lawyer will negotiate the best possible terms for your plea bargain. Ultimately, the decision should be based on a detailed understanding of your case and personal circumstances.

Can You Get My Case Dismissed?

Getting your case dismissed is an ideal outcome, and it is sometimes possible with a strong defense strategy. We will review the evidence meticulously, looking for any procedural mistakes or violations of your rights that could justify a dismissal.

If we prove the evidence is insufficient or the police conducted an unlawful arrest, the charges against you might be dropped. We commit to exploring every legal avenue to fight for a dismissal or the best possible outcome in your case.

Contact Us For a Free Consultation with Our Arizona Public Sexual Indecency Attorney

Public sexual indecency charges are serious. You do not want to be forced to register as a sex offender.

At Genesis DUI & Criminal Defense Lawyers, we defend your rights and protect your freedom. We are located in Arizona, with locations across the East Valley and offer a free legal consultation with a criminal defense lawyer about your criminal charges. Contact us today to schedule an appointment.