Indecent Exposure – A.R.S. 13-1402

Indecent exposure does not include breast-feeding.

Indecent Exposure – A.R.S. 13-1402

Arizona’s laws regarding indecent exposure are specific in their definition of what is, or is not, considered as such. Per A.R.S. 13-1402, a person commits indecent exposure if they take certain actions in front of another person and are reckless about whether the other person would reasonably be offended or alarmed by the act. These indecent exposure acts are:

  • The offender exposing his or her genitals.
  • The offender exposing her or her anus.
  • The offender exposing her areola or nipple of one, or both, breasts.

Mothers who are breast-feeding are specifically excluded from indecent exposure charges by this statute.


Common Indecent Exposure Questions

Individuals may question whether or not certain instances fall into the category of public indecency.

  • Public urination – Urinating in public is considered indecent exposure. Specific public urination rules can also be found within the municipal codes of Arizona’s cities.
  • Public breast-feeding – Arizona statute specifically excludes breast-feeding from being charged as indecent exposure. In fact, A.R.S. 41-1443 states that a mother is entitled to breast-feed in any area of a public place or a place of public accommodation where the mother is otherwise lawfully present. The Arizona Department of Health provides a pamphlet for mothers looking to understand breast-feeding laws and accommodation.
  • Mooning or flashing – Both of these fall into the category of indecent exposure which can lead to criminal charges.
  • Nudity in a locker room – In this situation, it can reasonably be expected that people will be fully undressing, so this would not fall under the indecent exposure category.
  • Nipple Pasties – Wearing nipple pasties in public will not lead to an indecent exposure charge as long as the whole areole and nipple area is covered.


Penalties for Indecent Exposure

A person convicted of indecent exposure in Arizona can face the following charges:

Class 1 Misdemeanor – If the offender is 15 years old or older. This charge can lead to incarceration of up to six months.

Class 6 Felony – If the offender has two or more prior indecent exposure convictions, or one or more prior convictions of sexual assault, or if the offender indecently exposes themselves to anyone under the age of fifteen. This charge can lead to incarceration of up to two years for a first-time offender.

Class 3 Felony – If the offender has two or more historical prior felony convictions of indecent exposure or public sexual indecency that involves indecency to anyone under the age of fifteen. This charge can lead to an aggravated incarceration sentence of up to 15 years.

Those convicted of indecent exposure will be required to register on the sex offender list if they have two or more charges of indecent exposure to a person under age fifteen or three or more indecent exposure charges.



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