Scottsdale Public Indecency Lawyer
Public indecency and indecent exposure charges in Scottsdale carry consequences far beyond the courtroom. These charges can result in jail time, but the lasting damage often comes from the stigma attached to the allegations—affecting employment, relationships, and reputation. When the alleged victim is a minor, the consequences escalate dramatically, potentially including felony charges and sex offender registration.
Attorney Josh Lopez provides discreet, effective defense for Scottsdale residents facing public sexual indecency and indecent exposure charges. These sensitive cases require an attorney who will protect your privacy while building a strong defense.
Public Sexual Indecency (ARS § 13-1403)
Under ARS § 13-1403, a person commits public sexual indecency by intentionally or knowingly engaging in certain sexual acts in a public place or where another person is present, while recklessly disregarding whether that person would be offended or alarmed.
Prohibited Acts
- Sexual contact (touching for sexual gratification)
- Oral sexual contact
- Sexual intercourse
- Bestiality
Classification and Penalties
| Circumstance | Classification | Maximum Penalty |
| Victim 15 or older | Class 1 Misdemeanor | 6 months jail, $2,500 fine |
| Victim under 15 | Class 5 Felony | 2.5 years prison |
Critical: When the victim is under 15, the charge becomes a felony and may require sex offender registration upon conviction.
Indecent Exposure (ARS § 13-1402)
Under ARS § 13-1402, a person commits indecent exposure by exposing their genitals or anus, or (for females) the areola or nipple, while another person is present, and being reckless about whether that person would be offended or alarmed.
Classification and Penalties
| Circumstance | Classification | Maximum Penalty |
| Victim 15 or older | Class 1 Misdemeanor | 6 months jail, $2,500 fine |
| Victim under 15 | Class 6 Felony | 1.5 years prison |
Critical: When the victim is under 15, the charge becomes a felony and may require sex offender registration upon conviction.
How These Charges Arise in Scottsdale
Old Town Entertainment District
Scottsdale’s entertainment district creates circumstances where public indecency charges arise:
Alcohol-Related Incidents: Intoxication can lead to poor judgment—urinating in public, engaging in sexual activity in semi-public areas, or exposing oneself as a “prank” or dare.
Pool Parties and Day Clubs: Scottsdale’s pool party scene involves alcohol, revealing attire, and crowded environments. What begins as risqué behavior can cross into criminal conduct if exposure occurs where non-consenting parties are present.
Bar and Club Incidents: Cramped bathrooms, dark corners, and alcohol can lead to sexual activity in public or semi-public areas where others may observe.
Resort and Hotel Areas
Scottsdale’s resort destinations see incidents involving:
- Sexual activity on balconies or pool areas
- Exposure in common areas
- Incidents in hot tubs or spa facilities
Public Urination
While public urination is more commonly charged as a municipal ordinance violation, in some circumstances—particularly when genitals are visible to others—it may be charged as indecent exposure. This is especially true if the act occurs near schools, parks, or areas where children may be present.
Misunderstandings and False Accusations
Not all allegations are valid. Charges sometimes arise from:
- Misunderstandings about what was visible or exposed
- Exaggerated reports by observers
- Mistaken identity in crowded environments
- False accusations by acquaintances or individuals with ulterior motives
The Seriousness of These Charges
Sex Offender Registration
If convicted of public sexual indecency or indecent exposure when the victim is under 15, Arizona law may require sex offender registration. This requirement:
- Is public (your name, address, and photo are accessible online)
- Lasts for years or lifetime depending on classification
- Restricts where you can live and work
- Must be updated whenever you move
- Follows you in every state
Even a single incident involving a minor victim can result in lifetime consequences through sex offender registration.
Background Check Impact
Even misdemeanor convictions for indecent exposure or public sexual indecency appear on criminal background checks. These charges carry stigma that can affect:
- Employment (particularly in education, healthcare, childcare, or positions of trust)
- Professional licensing
- Housing applications
- Relationships and reputation
- Immigration status
Media and Privacy Concerns
Arrests for these offenses sometimes attract media attention, particularly in high-profile areas like Scottsdale. Protecting your privacy throughout the legal process is essential to limiting reputational damage.
Defense Strategies
Lack of Intent to Offend
Both indecent exposure and public sexual indecency require that the defendant acted recklessly regarding whether another person would be offended or alarmed. Defenses based on intent include:
- Reasonable belief that no one was present
- Location was private or secluded
- No intent to cause alarm or offense
- Inadvertent exposure (clothing malfunction, accident)
Not a “Public Place”
Public sexual indecency requires the act occur in a “public place” or where another person is present. If the location was private—a locked bathroom, private residence, secluded area—this element may not be met.
Mistaken Identity
In crowded entertainment environments, witnesses may misidentify the person responsible. Defense investigation may reveal:
- Witness descriptions inconsistent with defendant
- Multiple people present who could have committed the act
- Poor lighting or visibility affecting identification
Constitutional Challenges
In some cases, the law’s application may raise constitutional issues:
- Overbroad application of statute
- Vagueness in what constitutes “reckless disregard”
- First Amendment considerations (in limited contexts)
False Allegations
Allegations may be fabricated due to:
- Personal disputes or revenge
- Misinterpretation of innocent conduct
- Attention-seeking behavior
- Confusion about what actually occurred
Defense investigation examines the accuser’s credibility, motive, and consistency.
The Case Process in Scottsdale
Citation or Arrest
Depending on circumstances, you may receive a citation with a court date or be arrested and booked. If a minor is allegedly involved, arrest is more likely.
Scottsdale City Court
Misdemeanor charges are handled in Scottsdale City Court:
Location: 3700 N. 75th Street, Scottsdale, AZ 85251
Superior Court
Felony charges (when victim is under 15) are transferred to Maricopa County Superior Court for all proceedings.
Protecting Your Record
The priority in these cases is often avoiding conviction entirely or achieving a resolution that does not involve a public indecency or indecent exposure conviction on your record. Options may include:
- Dismissal of charges
- Reduction to a lesser offense (disorderly conduct, for example)
- Diversion programs (where available)
- Deferred prosecution agreements
Frequently Asked Questions
Is public urination indecent exposure in Arizona?
Public urination alone is typically a municipal ordinance violation, not indecent exposure. However, if genitals are visible to others—particularly near schools, parks, or where children are present—prosecutors may charge indecent exposure. The circumstances matter significantly.
Will I have to register as a sex offender?
Sex offender registration is required for certain convictions when the victim is under 15. Misdemeanor convictions with adult victims typically do not require registration. Avoiding registration is often the highest priority in defense strategy for these cases.
Can these charges be reduced to something less serious?
Yes, in many cases. Through negotiation, charges may be reduced to disorderly conduct or other offenses that do not carry the same stigma. The outcome depends on the evidence, circumstances, and your prior record.
Will an indecent exposure charge appear on my background check?
Yes. Criminal convictions—including misdemeanors—appear on standard background checks. The nature of these charges makes avoiding conviction particularly important for protecting employment and reputation.
Can I be charged if the exposure was accidental?
The law requires “reckless disregard” for whether another would be offended. Truly accidental exposure—a wardrobe malfunction, for example—may provide a defense. However, prosecutors may argue that the circumstances should have made you aware of the risk.
Contact a Scottsdale Public Indecency Defense Attorney
Public indecency and indecent exposure charges require discreet, skilled representation. These cases affect your record, your reputation, and potentially your future. Attorney Josh Lopez provides confidential consultation and aggressive defense for Scottsdale residents facing these sensitive charges.
Scottsdale Office:
6991 East Camelback Rd, Suite D-300
Scottsdale, AZ 85251
Call (480) 386-1824 or complete the contact form to schedule your free, confidential consultation.