Arizona statute

A.R.S. § 13-1402 — Indecent exposure; exception; classification

Current through 57th Legislature, 1st Regular Session (2025)

Part of Chapter 14: Sexual Offenses, Arizona Revised Statutes.

Criminal charges under this statute

Indecent exposure

Full text of A.R.S. § 13-1402

Statutory text current through the 57th Legislature, 1st Regular Session (2025). This publication reproduces the official statutory text published by the Arizona Legislature (Arizona Legislative Council compilation, azleg.gov); it is not the official statutes of the State of Arizona.

A.R.S. § 13-1402Primary source, current through the 57th Legislature, 1st Regular Session (2025)

A. A person commits indecent exposure if he or she exposes his or her genitals or anus or she exposes the areola or nipple of her breast or breasts and another person is present, and the defendant is reckless about whether the other person, as a reasonable person, would be offended or alarmed by the act. B. Indecent exposure does not include an act of breast-feeding by a mother. C. Indecent exposure to a person who is fifteen or more years of age is a class 1 misdemeanor, except that it is a class 6 felony if the defendant has two or more prior convictions for a violation of this section or has one or more prior convictions for a violation of section 13-1406. Indecent exposure to a person who is under fifteen years of age is a class 6 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 13-1403 involving indecent exposure or public sexual indecency to a minor who is under fifteen years of age is guilty of a class 3 felony and 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.

Official sources

Legal terms used in this section

Questions this section answers

Is indecent exposure a felony or a misdemeanor in Arizona?

It depends on the circumstances: indecent exposure ranges from a Class 1 Misdemeanor to a Class 3 Felony in Arizona under A.R.S. § 13-1402.

Indecent exposure to a person 15 or older: Class 1 Misdemeanor (A.R.S. § 13-1402C) · Indecent exposure to a person 15 or older with prior convictions: Class 6 Felony (A.R.S. § 13-1402C) · Indecent exposure to a person under 15: Class 6 Felony (A.R.S. § 13-1402C) · Repeat felony indecent exposure/public sexual indecency to a minor under 15: Class 3 Felony (A.R.S. § 13-1402D)

Which Arizona statute covers indecent exposure?

Indecent exposure is governed by A.R.S. § 13-1402 (Indecent exposure; exception; classification).

This reference is informational and is not legal advice.