Surprising Things That Can Make You a Sex Offender
The penalties for sex crimes in Arizona include harsh prison sentences and fines. One of the consequences of a conviction is the requirement to register as a sex offender. The sex offender registry makes your designation as a sex offender public information.
The term sex offender is usually associated with someone convicted of serious sexual offenses, including rape, child pornography, and sexual abuse. However, some things can make you a sex offender that are surprising. Consulting with Tucson sex crimes attorneys can provide clarity on what actions might lead to these serious consequences.
Indecent Exposure
Streaking around a college campus and “flashing” people could result in someone being labeled a sex offender. Even though the person did not touch anyone or force them to engage in sexual conduct, they can be required to register as a sex offender if convicted of indecent exposure.
Indecent exposure is a crime under Arizona Revised Statute §13-402. A person commits indecent exposure if they:
- Expose their genitals, anus, or the areola/nipple of a female breast when another person is present; and,
- The offender is reckless about whether the person or a reasonable person would be offended or alarmed.
Indecent exposure is a wobbler offense. If you expose yourself to someone 15 years old or older, it is a Class 1 misdemeanor. However, if you have two or more prior convictions or the person is under 15 years old, it is a Class 6 felony.
Public Urination
Urinating in public is considered disorderly conduct. A public place is anywhere open to the public and where you might reasonably anticipate someone seeing you. Typically, public urination is charged as a Class 1 misdemeanor. However, you could be charged with indecent exposure, especially if a minor is present. That could result in a Class 6 felony and being labeled as a sex offender.
Having Consensual Sex in Public
Public sexual indecency is defined under Arizona Revised Statute §13-1403 as engaging in any of the following acts if another person is present or you are reckless whether another person could be present:
- An act of sexual contact
- Engaging in sexual intercourse
- An act of oral sexual contact
- Engaging in an act of bestiality
Public sexual indecency is a crime even if both parties are consenting adults. For example, you have sex in your car in a parking lot, and someone sees you. You could be charged with a Class 1 misdemeanor. If the person is under 15 years old, it is a Class 5 felony offense.
Taking Nude Photos of Yourself
No law prevents an adult from taking nude photos for their private use. However, if a minor takes a nude photo of themselves, it is considered child pornography. It does not matter whether they intend to show it to someone or not. A conviction for child pornography could result in registration as a sex offender.
Soliciting a Minor Online
Even if you never meet the minor in person, soliciting a minor online could result in being labeled a sex offender. Law enforcement officers often pose as minors to catch people soliciting minors online. Sending messages to a minor could be sufficient to end up on the sex offender registry.
Minors Having Sex
The age of consent for sexual conduct in Arizona is 18 years old. It is illegal to have sexual conduct with a minor, even if the minor does not object. The offense can be punished as a Class 1, 2, or 6 felony, depending on the circumstances.
Arizona has a “close in age” exception, commonly known as a Romeo and Juliet Law. It is a defense when minors 15 years and older engage in consensual sex and are no more than 24 months apart in age. It may also apply if a person is over 18 years old but still in high school.
However, if minors do not fall into this exception, they could be charged with a felony crime. The punishment includes registering as a sex offender.
What Should I Do if I’m Charged With a Sex Crime in Arizona?
If you are charged with a sex crime in Arizona, do not resist arrest, but do not talk to the police. Exercise your right to remain silent. Trying to explain your way out of an arrest for a sex crime can make matters worse. Anything you say could be used against you in court. Contact a sex crimes attorney as soon as possible. It is crucial to work with a skilled criminal defense attorney in Tucson to fight sex crime charges. Do not discuss your charges or the circumstances that led to the charge with anyone other than your attorney.
Contact an Experienced Tucson Sex Crimes Lawyer at Katsarelis Law Criminal Defense Attorneys Today For Help
For more information, contact the Tucson sex crimes attorneys at Katsarelis Law Criminal Defense Attorneys for a free consultation.
Katsarelis Law Criminal Defense Attorneys
177 N Church Ave # 900, Tucson, AZ 85701
(520) 510-0439