Need a Phoenix Public Indecency Lawyer? Contact the Law Offices of David Michael Cantor, if you have been charged with Public Sexual Indecency.
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 person’s 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 witnesses 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.
Possible Punishment for Public Sexual Indecency
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 84% surcharge, and probation up to three (3) years (which can include classes and counseling).
For a first Public Sexual Indecency 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.
Possible Defenses for Public Sexual Indecency
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” for Public Sexual Indecency, which a Public Sexual Indecency Lawyer may apply in any criminal case are numerous and diverse. One of 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 Attorney, but is denied and questioning continues. Other defenses may include challenging the validity of any search warrant, or whether there were any “forensic flaws” during the investigation of your case. Depending on what you have been charged with, 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 a skilled Public Sexual Indecency Lawyer to defend you who has knowledge of both the specific defenses and the common defenses involved in a Public Sexual Indecency case.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is a Phoenix Public Indecency Lawyer and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its 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 Phoenix Public Indecency Lawyers know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
Contact The Law Offices of David Michael Cantor and speak to a Phoenix Public Indecency Lawyer . We will assist you with your Public Sexual Indecency case.
