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Public Sexual Indecency Lawyer in Arizona: Tamou Law Group
Public sexual indecency is a serious criminal charge in Arizona considered a Sex Crime that can lead to long-lasting legal, social, and personal consequences. The accusation alone can severely damage your reputation, job prospects, and relationships. If you or a loved one is facing public sexual indecency charges, it’s critical to seek legal counsel from an experienced public sexual indecency lawyer. At Tamou Law Group, we specialize in defending clients against these sensitive charges, ensuring your rights are protected at every stage of the process.
What Is Public Sexual Indecency?
Public sexual indecency is defined under ARS §13-1403, which states that a person commits this crime if they intentionally or knowingly engage in sexual contact, sexual intercourse, or bestiality in the presence of another person who could be offended or alarmed. This law also covers cases where a minor witnesses the act, significantly increasing the potential penalties.
Acts that may qualify as public sexual indecency include:
- Exposure of genitalia
- Sexual acts or simulated sexual acts
- Sexual contact meant to be sexual in nature
Public sexual indecency does not require that someone was actually offended, only that the conduct could offend a reasonable person. This broad definition means that misunderstandings or false accusations can easily lead to charges. In either case, having a public sexual indecency lawyer is essential to mounting a strong defense.
What the Statute Says: ARS §13-1403
Arizona law takes public sexual indecency seriously, especially when minors are involved. Here’s what ARS §13-1403 explicitly states:
- Definition: Public sexual indecency is defined as intentionally or knowingly engaging in sexual contact, sexual intercourse, or acts of bestiality in the presence of another person who might reasonably be offended.Specifically, ARS §13-1403(A) categorizes these behaviors:
- Sexual contact: Any direct or indirect touching of intimate parts, either over or under clothing, that is intended to be sexual.
- Sexual intercourse: Any act of sexual penetration.
- Acts of bestiality: Engaging in or attempting to engage in sexual acts with animals.
Classification of the Crime:
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- Class 1 Misdemeanor: If public sexual indecency occurs in the presence of another adult (15 years or older), it is charged as a Class 1 misdemeanor. This is the most serious type of misdemeanor and can result in (for first time offenders):
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Jail Time: Up to 6 months in jail.
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Additional Penalties: Fines up to $2,500, probation, and community service.
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- Class 5 Felony: If the offense occurs in the presence of a minor under 15 years of age, public sexual indecency is escalated to a Class 5 felony. This is a more severe charge with harsher penalties, including:
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Prison Time: Ranging from 6 months to 2.5 years in prison, depending on the circumstances and any prior convictions.
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Additional Penalties: Up to $150,000 in fines and potential mandatory sex offender registration.
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- Class 1 Misdemeanor: If public sexual indecency occurs in the presence of another adult (15 years or older), it is charged as a Class 1 misdemeanor. This is the most serious type of misdemeanor and can result in (for first time offenders):
The statute leaves room for interpretation, particularly in defining what qualifies as “public” and what constitutes offensive behavior. This ambiguity makes it crucial to have a skilled public sexual indecency lawyer who can challenge the prosecution’s interpretation of the law and present a compelling defense.
Consequences of a Public Sexual Indecency Conviction
Public sexual indecency carries severe consequences, whether charged as a misdemeanor or a felony. The penalties can impact your life in both the short and long term.
- Misdemeanor Penalties: For a Class 1 misdemeanor, punishments include up to 6 months in jail, probation, community service, and a fine of up to $2,500. Additionally, a misdemeanor conviction will remain on your permanent criminal record, affecting future employment opportunities, housing, and personal relationships.
- Felony Penalties: If the act is witnessed by a minor under the age of 15, public sexual indecency is escalated to a Class 5 felony. A felony conviction can result in prison time, extended probation, and a fine of up to $150,000. Perhaps the most significant consequence of a felony conviction is the possibility of mandatory sex offender registration, which can affect where you live, where you work, and even how you interact with your community for the rest of your life.
The prospect of mandatory sex offender registration is a critical reason to hire an experienced public sexual indecency lawyer. The ramifications of being placed on the sex offender registry are long-lasting and can lead to further social stigma and legal restrictions.
Sex Offender Registration in Public Sexual Indecency Cases: ARS 13-3821
If convicted of public sexual indecency, particularly as a felony, you may be required to register as a sex offender. This applies especially if the crime involved a minor. Sex offender registration imposes significant life restrictions, such as:
- Residential Restrictions: Registered sex offenders may be prohibited from living near schools, parks, or other areas where children are present.
- Employment Limitations: Many employers are unwilling or legally unable to hire individuals on the sex offender registry, which can make finding or keeping a job extremely difficult.
- Public Disclosure: Being listed on the sex offender registry means that your name, photograph, and offense are publicly accessible online. This can lead to social ostracism, harassment, and damage to your reputation.
Sex offender registration is often required for life, depending on the severity of the offense. Because of these harsh consequences, a conviction for public sexual indecency can have a permanent impact. The team at Tamou Law Group will work tirelessly to mitigate the chances of mandatory registration by fighting the charges or negotiating for lesser penalties.
Defending Against Public Sexual Indecency Charges
Being charged with public sexual indecency does not mean a conviction is inevitable. At Tamou Law Group, we build robust defense strategies to protect your rights and freedom. Some common defenses to public sexual indecency include:
- Lack of Intent: One of the key elements of the charge is that the act was committed knowingly or intentionally. If the action was accidental, we can argue that there was no intent to commit public sexual indecency.
- Not in a Public Place: The crime must occur in a place where it can reasonably be observed by others. If the act occurred in a private setting, this can serve as a valid defense.
- No Offensive Conduct: The statute requires that the conduct must be likely to offend a reasonable person. If the actions were not offensive or misunderstood, the charges may be reduced or dropped.
- Mistaken Identity: If there is doubt about whether the accused was the person who committed the act, we can challenge the identification and question the reliability of witnesses.
Each case is unique, and we will thoroughly investigate the circumstances surrounding your charge to identify the best defense strategy.
How a Public Sexual Indecency Lawyer Can Help
A conviction for public sexual indecency can have long-term consequences that affect nearly every aspect of your life. This is why having a dedicated public sexual indecency lawyer on your side is crucial. At Tamou Law Group, we take a comprehensive approach to defending these charges:
- Thorough Investigation: We investigate every aspect of the case, from police reports to witness statements, to uncover inconsistencies or weaknesses in the prosecution’s evidence.
- Challenging Evidence: If evidence was obtained illegally or does not meet legal standards, we will file motions to suppress it.
- Negotiation: In some cases, we may negotiate with prosecutors to reduce charges or seek alternative sentencing options.
- Trial Preparation: If your case goes to trial, we will prepare a strong defense and challenge the prosecution’s evidence every step of the way.
Local Arizona Courts Handling Public Sexual Indecency Cases
Public sexual indecency cases in Arizona are typically heard in the state’s superior courts. Depending on where the incident occurred, your case may be assigned to:
- Maricopa County Superior Court (Phoenix)
- Pima County Superior Court (Tucson)
- Yavapai County Superior Court (Prescott)
We are experienced in defending clients in courts throughout Arizona and understand the specific procedures and personnel in each jurisdiction.
Contact Tamou Law Group Today
If you are facing charges of public sexual indecency in Arizona, it’s essential to act quickly. The sooner you get legal representation, the better your chances of achieving a favorable outcome. At Tamou Law Group, we have the experience and knowledge to defend you against these charges and protect your rights.
Don’t wait. Call 623-321-4699 today to schedule a consultation with an experienced public sexual indecency lawyer.
