Arizona Sex Crimes FAQ » Question Category Indecent Exposure – Arizona Sex Crimes FAQ

What are the possible defenses to Arizona Sex Crimes Charges?

admin — Wed, 14 Jul 2010 22:05:50 +0000

The primary defenses to a sex offense include insufficient or tainted evidence, factual innocence, mistaken identity and, in some cases, consent. Moreover, it is important to examine the factual circumstances of the accuser. Moreover, there are statutory defenses for some specific situation:

For charges of sexual abuse pursuant A.R.S. 13-1404 that the person was the spouse of the other person;
For Indecent Expose charges, Sexual Abuse charges, Sexual Conduct with a
Minor charges and Sexual Assault charges, it may be a defense if the act was done by a duly license physician or registered nurse for purposes of administering a lawful form of treatment;
If the defendant was not motivated by a sexual interest pursuant to A.R.S. 13-1407.

What is entrapment?

admin — Wed, 14 Jul 2010 22:03:49 +0000

Police may uncover sex offenders by posing as prostitutes, underage individuals or other parties to catch sex offenders while committing (or preparing to commit) sex crimes. Some sex-offense defendants argue that police actions, such as offers of sexual services, constitute entrapment. Entrapment means that the police induced the defendant to commit a crime he or she did not intend to commit before it was suggested by the police. However, entrapment is not a valid defense if the defendant intended to commit the crime and the police simply provided a means to do so. In prostitution cases, the offer of sexual services by a police officer is almost never held to be entrapment because the defendant is generally found to have been intending to purchase sexual services prior to interacting with the decoy officer. The elements of an entrapment defense are complicated and sensitive to the facts of your situation. Contact an attorney immediately if you believe you were entrapped.

What are penalties for a conviction of Indecent exposure in Arizona?

admin — Wed, 14 Jul 2010 22:03:14 +0000

There is wide range of possibilities for a conviction of this type. If the victim is fifteen or more years of age it is a class 1 misdemeanor. While there is not a mandatory jail sentence, the maximum jail term for a class one misdemeanor is 6 months. If the victim is under the age of fifteen the conviction is a class 6 felony. While probation is possible, a judge has the ability to sentence a person to a prison term ranging from a few months up to 2 years.

If have you been falsely charged with Indecent exposure, what must State prove to convict you?

admin — Wed, 14 Jul 2010 22:02:45 +0000

In order for you to be convicted of the crime of Indecent Exposure, the State must prove beyond reasonable doubt you:

exposed your;
- Genitals
- anus
- or (in case of a female accused) the areola or nipple of the breast;
another person is present; and
You were reckless about whether the other person, as a reasonable person, would be offended or alarmed by the act.

How do Arizona Courts define “without consent”?

admin — Wed, 14 Jul 2010 22:01:14 +0000

There are four (4) situations where Arizona law applies the terms “without consent.”

The victim is coerced by reason of a mental disorder, defect, drugs, alcohol or any type of impairment; and that impairment/condition is known or should have reasonably been known to the person accused of the crime;
The victim is intentionally deceived as to the nature of the act;
The victim is intentionally deceived to erroneously believe that the person is the victim’s spouse

See A.R.S 13-1401.

What are ranges of punishments for Arizona Sex Offenses?

admin — Wed, 14 Jul 2010 21:58:38 +0000

Obviously the penalties vary based on the type of crimes you are charged. Some accused a sexual assault charge (commonly known as rape) will be facing a different penalty than a person charged with indecent exposure (sometimes known as flashing.) The types of punishment range from:

Probation for a limited time;
Lifetime probation;
Probation with a term of jail (up to 6 months for misdemeanors and 1 years for felonies);
Financial Punishments such as fines;
Community service and counseling or probation;
Prison sentences;
Sex Offenders Registration;

Any combination of the above is also possible.

What are some of the different types of Arizona Sex Crimes?

admin — Wed, 14 Jul 2010 21:56:53 +0000

Sexual Assault A.R.S. 13-1406
Indecent Exposure A.R.S 13-1402
Public Sexual Indecency A.R.S. A.R.S 13-1403
Sex Abuse A.R.S 13-1404
Sexual Conduct with a Minor A.R.S. 13-1405
Sexual Misconduct – Behavior Health Professional A.R.S. 13-1418