Public Sexual Indecency

You may be under the impression that the government is not allowed to interfere in your sexual activities. In most cases, that is true, but there are certainly exceptions. Public sexual indecency laws were put into place to prohibit individuals from engaging in oral sex, sexual intercourse, sexual contact, or bestiality in the presence of another person—when that person would be offended by the behavior. 

Being charged with Public Sexual Indecency can not only expose you to legal penalties, but can also damage your reputation, your standing in the community, and your employment status.  In the state of Arizona, when you engage in public sexual indecency, you could be charged with a felony and punished by up to 2.5 years in prison.  In the wake of accusations of sexual exploitation of a public sexual indecency 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 You Should Choose Ciccarelli Law Offices for Your Public Sexual Indecency Charges 

If you have been charged with Public Sexual Indecency, it is imperative that you speak to an experienced, knowledgeable criminal defense attorney from Ciccarelli Law Offices as quickly as possible. Not only are you facing serious criminal charges that could result in prison time, but you could also face many collateral damages. 

It is generally considered unacceptable in our society to engage in sexual acts in front of others who are not willing participants. You could face significant social stigma and could even lose your job—or be unable to secure employment—following charges of Public Sexual Indecency. Ciccarelli Law Offices have hundreds of positive five-star reviews and have been recognized as Super Lawyers. 

At Ciccarelli Law Offices, we understand you want the very best legal team. This is the time for action and the time to make a difference in your life and your future. We are both respected by our peers and our clients, as well as feared by prosecutors. We offer big-city criminal defense experience defending high-profile felony cases while serving our clients by quietly defusing sensitive potential criminal investigations—before they become public charges.  

We know that you need a legal team that understands your current crisis—and that has the courage and conviction to make a real difference. Our team of highly skilled criminal defense lawyers will be there for you when you need them the most. We are aggressive yet reasonable, thoughtful, yet determined. We are 100 percent dedicated to fighting for those whose liberty is on the line as they face Arizona criminal charges. We will do everything in our power to make a difference for you and your family, no matter who you are, where you are from, or how much money you have. 

What Is Public Sexual Indecency in the State of Arizona?

Under A.R.S. 13-1403, any person engaging in acts of bestiality, sexual intercourse, oral sexual contact, or sexual contact in a knowing and intentional manner while another person is present and when that person (or any reasonable person) would be “offended or alarmed” by the act, has committed Public Sexual Indecency. Couples who engage in a sex act with their partners in a public place (a bus, a car parked in a public area, a train, airplane, a park, or in any public area) have committed Public Sexual Indecency. 

What Are the Penalties for Public Sexual Indecency?

A violation of Public Sexual Indecency is generally a Class 1 misdemeanor. A conviction for Public Sexual Indecency could result in a sentence of up to six months in jail. If the criminal offense is committed in the presence of a minor who is under the age of 15, it is increased to a Class 5 felony and can result in up to 2.5 years in state prison. 

Sexual contact includes the direct or indirect touching, manipulating, or fondling of any part of the genitals, anus, or female breast with any body part or object. The primary questions in such a case are whether the accused acted with recklessness and whether a reasonable individual would have found the acts offensive. Public Sexual Indecency is not the same crime as Indecent Exposure, which involves exposing the genitals, anus, or breast to another person who would be offended or alarmed by the act. 

If you have multiple convictions for Public Sexual Indecency or for Indecent Exposure, your penalties will be enhanced. If you are convicted of a third felony for either of these crimes, probation is no longer available, and you could face prison time from 6-15 years. If you are convicted a second time of Public Sexual Indecency as a felony or a third time of Public Sexual Indecency as a misdemeanor, you will be subject to mandatory sex offender registration.

Sex offender registration is extremely serious as a public listing of all those in the state convicted of certain sex crimes. The registry has three tiers, based on the risk of re-offending. Should you fail to register, you will face additional charges and could end up back in prison. 

What Are Some Potential Defenses for Public Sexual Indecency?

While the defense(s) your attorney will use against your charges of Public Sexual Indecency will depend on your exact charges, as well as the circumstances and facts surrounding your charges, some of the more common defenses for Public Sexual Indecency include: 

• Your behavior was not reckless. You must have acted with reckless disregard whether another individual would find your sexual conduct offensive. 
• Your sexual activity would not have offended a reasonable person. 
• It was not you who engaged in the sexual activity (i.e., you were mistakenly identified, or you have an alibi for the time of the offense) Perhaps it was dark outside at the time you were identified, and the person who identified you made a mistake. 
• Your Miranda Rights were violated at the time of your arrest. This could mean that the arresting officers did not read you your rights or denied your right to an attorney. 
• There was no probable cause to arrest you. 

How the Ciccarelli Law Offices Can Help with Your Charges for Public Sexual Indecency? 

Getting charged with public sexual indecency might not seem like a serious offense at the time. However, without the right criminal defense representation, you could face serious penalties and your reputation in the community may be altered forever. At Ciccarelli Law Offices, our Arizona Criminal Defense lawyers have the experience and resources you need to fight these charges. 

Call a Phoenix Public Sexual Indecency 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.