Were you arrested for indecent exposure here in Tucson, AZ? With Arizona’s tough laws and serious penalties, you deserve local attorneys who understand what’s at stake. You’re not alone. Our firm has over 45 years of combined experience defending people throughout Tucson.
We will help you with your charges and make sure you know what steps to take to defend yourself. Contact Katsarelis Law Criminal Defense Attorneys at (520) 510-0439 to schedule a free consultation with a Tucson indecent exposure lawyer.
Why Choose Katsarelis Law to Represent Me if I’m Arrested for Indecent Exposure in Tucson, AZ?
If you’re facing indecent exposure charges in Tucson, Arizona, every decision matters, starting with who stands by your side in court. At Katsarelis Law, we’ve been defending people in Tucson for decades and know what it takes to get real results when everything is at stake.
Here’s what sets our Tucson sex crimes attorneys apart:
- Our team brings a wealth of courtroom experience and a proven track record of favorable case results.
- We have been recognized by The National Trial Lawyers – Top 100, Martindale-Hubbell, and other prestigious legal organizations.
- We have a thorough understanding of Arizona’s laws on sex crimes.
Choosing the wrong lawyer for a serious criminal matter can have a devastating impact on your life. Let us help you make sure one accusation doesn’t control the rest of your life.
Contact our law office to schedule a free consultation with a Tucson criminal defense lawyer.
Overview of Indecent Exposure in Arizona
Indecent exposure is defined as recklessly exposing your private body parts – genitals, anus, or, in the case of women, the areola or nipple – in a way that is likely to offend or alarm someone else.
A major element is whether someone else would reasonably be shocked or disturbed by the exposure – it’s not just about your intentions. Breastfeeding is specifically protected and does not count as indecent exposure under Arizona law.
When aggravating circumstances exist, the charges can be more severe. Aggravating factors include:
- The alleged victim is 65 years old or older, or has a disability.
- The crime involves an accomplice.
- The person accused is a public servant acting in an official capacity.
- Impersonating a police officer during the offense.
- Use of a disguise to hide identity.
If any of these apply, the penalties become more serious.
What Are the Penalties for Indecent Exposure in Tucson, Arizona?
If you’re convicted of indecent exposure in Tucson, the punishments can vary quite a bit depending on the circumstances, primarily your past convictions and the age of the alleged victim.
Witness 15 or Older
If the witness is 15 or older, it’s charged as a Class 1 misdemeanor, with penalties including up to 6 months in jail, a $2,500 fine, and 3 years of probation.
Witness Under 15
In this case, you would be charged with a Class 6 felony, which carries up to 1 year in jail, or 4 months to 2 years in state prison.
Repeat or Prior Convictions
If you have a previous felony for indecent exposure or for public sexual indecency involving a minor, penalties increase dramatically. You face between 6 and 15 years in prison.
Sex offender registration is not automatically required for a first offense, but it could be ordered if you’re convicted again or if the case involves a child under 15.
What Defenses Can Be Raised if I’m Arrested for Indecent Exposure?
Some of the most common legal defenses a lawyer may decide to use in your case include:
Not Reckless Behavior
One of the primary elements in an indecent exposure case is that the act must be reckless, meaning you consciously disregarded the risk that someone would be offended or alarmed. If your actions were accidental, or you genuinely didn’t realize anyone would see you, your attorney can argue that your behavior does not meet the legal definition of recklessness.
Context and Reasonable Expectation of Privacy
If the circumstances made exposure likely or expected, such as changing clothes in a gym, public restroom, or medical setting, it won’t qualify as a crime. Your lawyer can show the court that any exposure occurred in a place where nudity was reasonable.
Mistaken Identity or False Accusation
The unfortunate reality is that sometimes people are falsely accused and arrested for something they didn’t do. This could happen by accident or even deliberately in some cases. Supporting evidence like video footage, credible alibi witnesses, or inconsistencies in the accuser’s story can be critical in contesting the charges.
Excluded Circumstances – Breastfeeding
Breastfeeding is specifically protected under Arizona law and cannot be the basis of an indecent exposure charge. If you were arrested for feeding your baby in public, you should be able to get your charges dismissed or found not guilty.
Lack of Exposure of Private Parts
If you were charged for behavior that didn’t involve exposure of genitals, anus, or female areola/nipple as required by law, the state may not have a valid case. The state must prove that one of these body parts was shown.
Facing indecent exposure charges is overwhelming, and it’s important to act quickly and work with a criminal defense lawyer who understands how these cases work.
Schedule a Free Case Evaluation With Our Tucson Indecent Exposure Lawyers
An indecent exposure arrest doesn’t have to define you or decide your future. These cases are complicated, and the facts matter. With Katsarelis Law, you get a team on your side that listens without judgment and knows how these cases are handled in Tucson. We have over 45 years of combined experience.
Contact us today to schedule a free consultation with a Tucson indecent exposure lawyer.