ARS 13-1403: Public Sexual Indecency
The complete text of A.R.S. § 13-1403 on public sexual indecency, what the State has to prove, and the sentencing range, with a violation charged as a class 5 felony or a class 1 misdemeanor and exposure reaching up to 2.5 years in prison.
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What the State Must Prove Under § 13-1403
A.R.S. § 13-1403 is the Arizona statute on public sexual indecency. The statute sets out 4 ways the offense can be committed. A violation is a class 5 felony or a class 1 misdemeanor, depending on the paragraph charged and what the State can prove. The maximum exposure is 2.5 years in prison.
A. A person commits public sexual indecency by intentionally or knowingly engaging in any of the following acts, if another person is present, and the defendant is reckless about whether such other person, as a reasonable person, would be offended or alarmed by the act:
- An act of sexual contact.
- An act of oral sexual contact.
- An act of sexual intercourse.
- An act of bestiality.
The State must prove every element of the paragraph it actually charged, beyond a reasonable doubt. Which paragraph appears on the complaint decides what the case is about, and it is the first thing to check.
Penalties for a § 13-1403 Conviction
| Class | Mitigated | Minimum | Presumptive | Maximum | Aggravated |
|---|---|---|---|---|---|
| Class 5 felony | 6 months | 9 months | 1.5 years | 2 years | 2.5 years |
| Class | Maximum jail | Maximum fine |
|---|---|---|
| Class 1 misdemeanor | 6 months | $2,500 |
Felony ranges are set by A.R.S. § 13-702(D) and apply to a first felony conviction that is not dangerous and not repetitive. A dangerous offense (§ 13-704), a repetitive offense (§ 13-703) or a dangerous crime against children (§ 13-705) carries a longer range, and some carry mandatory prison with no probation. Misdemeanor maximums come from §§ 13-707 and 13-802; surcharges are added on top of every fine.
Full Text of A.R.S. § 13-1403
A. A person commits public sexual indecency by intentionally or knowingly engaging in any of the following acts, if another person is present, and the defendant is reckless about whether such other person, as a reasonable person, would be offended or alarmed by the act:
1. An act of sexual contact.
2. An act of oral sexual contact.
3. An act of sexual intercourse.
4. An act of bestiality.
B. A person commits public sexual indecency to a minor if the person intentionally or knowingly engages in any of the acts listed in subsection A of this section and such person is reckless about whether a minor who is under fifteen years of age is present.
C. Public sexual indecency is a class 1 misdemeanor. Public sexual indecency to a minor is a class 5 felony.
D. A person who is convicted of a felony violation of this section and who has two or more historical prior felony convictions for a violation of this section or section 13-1402 involving indecent exposure or public sexual indecency to a minor who is under fifteen years of age shall be sentenced to a term of imprisonment as follows:
Mitigated Minimum Presumptive Maximum Aggravated
6 years 8 years 10 years 12 years 15 years
E. The presumptive term imposed pursuant to subsection D of this section may be mitigated or aggravated pursuant to section 13-701, subsections D and E.
Source: Arizona Revised Statutes § 13-1403, Arizona Legislative Council revision of 09/19/25. Read the official text on azleg.gov. Statutes change; verify the current version before relying on it.
Our Guides on This Charge
Written by our defense team on how these cases run in Arizona courts.
- Public Sexual Indecency Lawyer Phoenix | A.R.S. 13-1403
- Public Sexual Indecency Lawyer Arizona | A.R.S. 13-1403
- Scottsdale Indecent Exposure Lawyer | ARS 13-1402
Related Statutes in Chapter 14 — Sexual Offenses
- A.R.S. § 13-1402 — Indecent exposure
- A.R.S. § 13-1404 — Sexual abuse
- A.R.S. § 13-1405 — Sexual conduct with a minor
- A.R.S. § 13-1406 — Sexual assault
- A.R.S. § 13-1408 — Adultery
- A.R.S. § 13-1409 — Unlawful sexual conduct
- A.R.S. § 13-1410 — Molestation of a child
- A.R.S. § 13-1411 — Bestiality
How Tamou Law Group Defends § 13-1403 Cases
A § 13-1403 case is decided by the paragraph the State charged, not by the statute as a whole. We start with the charging document and the disclosure, identify which subsection the prosecutor has to prove, and test whether the evidence actually reaches every element of it. Where the class turns on a fact such as value, an alleged injury, a prior conviction or the identity of the person involved, that fact is frequently the difference between a class 5 felony and something far less serious, and it is where these cases are won.
We handle public sexual indecency cases across Maricopa County and statewide, from our Scottsdale and Phoenix offices. Call 623-321-4699 any time, or read the statute in full above before you speak to anyone about the case.
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Frequently Asked Questions
What is A.R.S. § 13-1403?
A.R.S. § 13-1403 is the Arizona statute on public sexual indecency. A violation is a class 5 felony or a class 1 misdemeanor, and which class applies depends on the paragraph charged and the facts the State can prove.
Is a violation of § 13-1403 a felony in Arizona?
It can be. Under the statute a violation is a class 5 felony or a class 1 misdemeanor, so the exposure reaches up to 2.5 years in prison. The paragraph charged and the facts decide which class applies.
What is the sentence for a class 5 felony in Arizona?
For a first felony conviction that is not dangerous or repetitive, A.R.S. 13-702(D) sets a class 5 felony at 6 months to 2.5 years, with a presumptive term of 1.5 years. Dangerous, repetitive and dangerous-crimes-against-children sentencing under 13-703, 13-704 and 13-705 runs longer.
What is the maximum penalty for a class 1 misdemeanor?
A.R.S. 13-707 caps jail at 6 months for a class 1 misdemeanor and A.R.S. 13-802 caps the fine at $2,500, before surcharges. A judge may also impose probation and other conditions.
Where can I read the official text of § 13-1403?
The Arizona Legislature publishes it at azleg.gov, in the revision dated 09/19/25. The complete text is reproduced on this page, and every Arizona criminal statute is searchable on our Arizona Criminal Code index.
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