Public Sexual Indecency: A.R.S. 13-1403

Public sexual indecency is a crime in Arizona.

Public Sexual Indecency

In Arizona, sexual indecency crimes are a step above indecent exposure, which revolve around offensively displaying one’s genitals, anus, or nipples/areolas. Sexual indecency charges require sexual acts to be committed in the course of the offense in order for the offender to be charged.

According to A.R.S. 13-1403, a person commits sexual indecency by intentionally engaging in certain acts with another person present who could reasonably be offended or alarmed. These acts are:

  • Sexual contact.
  • Oral sexual contact.
  • Sexual intercourse.
  • Bestiality.

Public sexual indecency includes consensual sex that occurs within a vehicle if the vehicle is in a public place, such as a parking lot, as well as acts occurring in movie theaters, parks, and public transportation, among others.

Penalties for Public Sexual Indecency

Class 1 Misdemeanor – Public sexual indecency of this charge can result in incarceration of up to six months.

Class 5 Felony – Public sexual indecency to a minor, defined as anyone under age fifteen, is a class 5 felony. This can result in incarceration of up to 2.5 years for a first-time offender. However, anyone with two or more historical prior felony convictions of sexual indecency or indecent exposure can receive an aggravated sentence of up to 15 years of incarceration.

Those convicted of public sexual indecency will be required to register on the sex offender list if they have two or more charges of public sexual indecency to a minor or three or more public sexual indecency charges.



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