Whether in the Phoenix area, or anywhere in Arizona, per ARS §13-1403 "Public Sexual Indecency" occurs when a person "intentionally" or "knowingly" engages in an act of sexual contact, oral sexual contact, sexual intercourse (or an act involving contact between a persons mouth, vulva or genitals and the anus or genitals of an animal) while 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. If the other person who witness the sex act is an adult, then the crime can be charged as a class one (1) misdemeanor. If the person who witnessed the sex act is under eighteen (18), then the crime can be charged as a class five (5) felony.
The range of punishment for a class one (1) misdemeanor is probation with anywhere from zero (0) days in jail up to six (6) months in jail, and a fine of up to $2500.00 plus an 80% surcharge.
For a first offense class five (5) felony, punishment can be probation with zero (0) days in jail up to one (1) year in jail; or prison of six (6) months to two and one half (2.5) years in custody. If the person has one (1) allegeable historical felony prior conviction, then the "prison only" range is one (1) year to three and three quarters (3.75) years of incarceration. If the person has two (2) historical allegeable felony prior convictions then the "prison only" range can is three (3) years to seven and one half (7.5) years of incarceration.
Most cases involving Public Sexual Indecency involve either adult bookstores or city parks. The key to the statute is whether the other person "as a reasonable person", would be offended or alarmed. Many times cases involving adult bookstores are dismissed because it can be argued that everybody in the bookstore would not be shocked to see this type of behavior. In addition, the first part of the statute requires the Defendant to be "reckless" about whether another person was watching and is offended. This means that an undercover Officer who is peaking around corners into individual video booths at the adult bookstore, or sneaking up on parked cars in the city park is not really being fair. In other words, the accused may have been very cautious, but the officer purposefully snuck up on them hoping to see an act that would fall under the statute. At the Law Offices of David Michael Cantor, P.C., we have successfully argued to Judges that Defendants were not "reckless", and that the Officers were not acting as "reasonable persons".
The "Common Defenses", which may apply in any criminal case are numerous and diverse. One of the most common defenses we encounter is a "Miranda Rights Violation". In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a "Voluntariness" standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, "Denial of Right to Counsel" is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their lawyer, but is denied and questioning continues. In certain cases (such as DUI) it is mandatory that you speak to an attorney as soon as possible in order to determine your rights before your body burns away the evidence of your presumably low alcohol content. Other defenses include challenging the validity of any search warrant, or whether there were any "forensic flaws" during the investigation of your case. This could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; computer analysis / "cloning hard drive" procedures; forensic financial accounting reviews; etc. Lastly, one of the most common defenses is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®), with the most Certified Criminal Law Specialists of any AV® rated Arizona Law Firm, per the Arizona Board of Legal Specialization. In addition, the Firm and all of it's lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
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Dismissed |
04/24/08 |
Aggravated DUI, Aggravated DWI |
Dismissed |
04/14/08 |
Aggravated Assault w/Gun |
Not Guilty |
04/04/08 |
DWI Only(.092 Breath) |
Not Guilty |
03/25/08 |
DWI (.099 Breath) |
Not Guilty |
03/24/08 |
Aggravated DUI, Aggravated DWI |
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