Indecent Exposure

While there are few statistics associated with the crime of indecent exposure in the United States, the U.K. Guardian reports that out of every 10,000 allegations of indecent exposure, only about 600 of those will ever be prosecuted. It is likely the statistics in the United States for indecent exposure are similar. This is due to a number of issues. 

First, many people accused of indecent exposure had no intention of committing a crime and were not in any way attempting to obtain sexual gratification. Elderly men who stop on the side of the highway to urinate—because they simply cannot wait any longer—or women who have “wardrobe malfunctions,” are not deliberately exposing their private parts to others. 

In the same vein, a person who runs, naked from their pool to their house, is accidentally locked out of their house while partially undressed, or one who engaged in a prank involving “mooning,” is not exposing their genitals purposely, with sexual intent. 

That being said, if you have been charged with indecent exposure, no matter how innocent your actions might have been, you must take these charges very seriously. The penalties for a conviction of indecent exposure are very severe—the offense can be charged as a Class 1 misdemeanor or a Class 6 felony, depending on the circumstances—namely the age of the victim. This can mean time spent in state prison, not to mention the social stigma attached to any type of sex crime.   In the wake of accusations of indecent exposure charges in facing accusations in the greater Phoenix metro area, Maricopa County including but not limited to Chandler, Tempe, Scottsdale or Gilbert, you need to contact an attorney immediately

Why Should You Choose the Legal Team at Ciccarelli Law Offices for Your Indecent Exposure Charges?

As noted above, it is imperative that you immediately contact a strong, experienced Arizona criminal defense attorney from Ciccarelli Law Offices. We will work hard to ensure your rights are properly protected and that your future is not destroyed. We will be supportive and non-judgmental. We know what to do to defend you in the best possible way and the quickest way to get those things done. 

The legal team at Ciccarelli Law Offices has a depth of experience in criminal defense—particularly sex crimes—that you will rarely encounter in other firms. We will aggressively defend your indecent exposure charges with the goal of having your charges significantly reduced or dismissed. Attorney Lee Ciccarelli and his legal team will always have your back. We have more than 100 years of combined experience and fully understand what you are facing after being charged with indecent exposure. 

With hundreds of Five-Star Reviews from our satisfied clients, Lee Ciccarelli has been recognized as:

• Super Lawyer 
• Top 100 Trial Lawyer by the National Trial Lawyers Association
• TEN Best Client Satisfaction Award by the American Institute of DUI/DWI Attorneys 
• Having the highest rating (10.0) by AVVO 
• One of the Top 100 Litigation Attorneys by the American Society of Legal Advocates. 

Attorneys Lee Ciccarelli and Julia Rogers lead a team with extensive national criminal defense experience, both in state and federal courts. We understand you have choices, and we hope you will choose the Ciccarelli Law Offices for your voyeurism defense.  

What is Indecent Exposure in Arizona? 

Under A.R.S. 13-1402, Indecent Exposure is committed when a person exposes their genitals or anus, or when a female exposes the nipple of her breast (This does not apply to women who are breastfeeding a child) with another person present. The individual must exhibit clear recklessness regarding whether another sensible person would experience alarm or take offense when witnessing the act. The central tenet lies in your behavior—were you reckless, careless, or irresponsible, knowing full well another individual would find your behavior offensive?  As an example, if you are in the shower area at your gym, you cannot claim to be offended when you see a person without clothing.

What are the Penalties in Arizona for Indecent Exposure?

If the alleged victim is fifteen years old or older, the charge will be a Class 1 misdemeanor. If the alleged victim is under the age of 15, the charge will be a Class 6 felony. The scope of punishment for a conviction of a Class 1 misdemeanor is from probation, up to six months in jail, a fine as large as $2,500, and up to three years of probation. You might also be sentenced to counseling and classes for a conviction of the Class 1 misdemeanor of indecent exposure. 

If you are convicted of the Class 6 felony charge of indecent exposure, the punishment for a first offense can range from probation up to one year in jail, or from four months to 2 years in state prison. If you have a prior felony conviction, the “prison only” range is from nine months to 2.75 years in prison. If you have two prior felony convictions, you could face from 2.25 years to 5.75 years in prison. 

What are the Potential Defenses to Indecent Exposure? 

The defense used by your Ciccarelli legal team will depend on your specific charges, as well as the facts and circumstances surrounding your Arizona charges of indecent exposure. One of the primary issues will be whether a reasonable person who witnessed the exposure would be offended or alarmed. Your behavior must also qualify as “reckless” under the statute. Beyond these issues, some of the more common defenses to charges of indecent exposure include:

• You were the victim of entrapment or of a sting operation. This means while you may have been caught exposing yourself in a parked car or an adult bookstore, only a person (police officer) who had gone out of his or her way to see you would have done so. The officers may not have been acting as a reasonable person would have. 
• You were not properly Mirandized following your arrest. Perhaps you also were denied your right to an attorney under those rights. 
• There were problems related to forensics, i.e., there were flawed procedures relating to fingerprints, DNA testing, or other types of testing.  
• Your confession was coerced or given under duress.  
• The police reports were sloppy or misleading, including false statements or your photo lineup was flawed in some way. 

How an Experienced Criminal Defense Attorney from Ciccarelli Law Offices Can Help

Are you facing charges of indecent exposure? Did a dare or a prank go horribly wrong – leaving you with serious criminal charges? Indecent exposure is not something to sweep under the rug. These charges can follow you throughout your life and can seriously derail your entire future. At Ciccarelli Law Offices, our Arizona Criminal Defense lawyers have the experience and resources you need to fight these serious allegations and charges.

Call a Phoenix Sex Crimes Attorney Today

If you or somebody you love is facing accusations or charges of Sex Crimes in the greater Phoenix metro area, Maricopa County including but not limited to Chandler, Tempe, Scottsdale or Gilbert, you need to contact an attorney immediately. Not any attorney will do, and you likely need a team of Smart, Experienced, Aggressive, determined lawyers that fight back at sex crimes and discuss you or your loved one’s possible defenses and strategies.   Call now. Now is the time for action and the time for Lee Ciccarelli and his team.