Arizona Revised Statutes – Title 13 Criminal Code
13-1402. Indecent exposure; exception; classifications
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. 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 shall be sentenced to a term of imprisonment as follows:
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.
13-707. Sentence of imprisonment for misdemeanor
A. A sentence of imprisonment for a misdemeanor shall be for a definite term to be served other than a place within custody of the
state department of corrections. The court shall fix the term of imprisonment within the following maximum limitations:
1. For a class 1 misdemeanor, six months.
2. For a class 2 misdemeanor, four months.
3. For a class 3 misdemeanor, thirty days.
B. The court may, pursuant to this section, direct that the person sentenced shall not be released on any basis until the sentence imposed by the court has been served.
13-802. Fines for misdemeanors
A. A sentence to pay a fine for a class 1 misdemeanor shall be a sentence to pay an amount, fixed by the court, not more than two
thousand five hundred dollars.
B. A sentence to pay a fine for a class 2 misdemeanor shall be a sentence to pay an amount, fixed by the court, not more than seven hundred fifty dollars.
C. A sentence to pay a fine for a class 3 misdemeanor shall be a sentence to pay an amount, fixed by the court, not more than five hundred dollars.
D. A sentence to pay a fine for a petty offense shall be a sentence to pay an amount, fixed by the court, of not more than three hundred dollars.
E. A judgment that the defendant shall pay a fine, with or without the alternative of imprisonment, shall constitute a lien in like manner as a judgment for money rendered in a civil action.
F. This section does not apply to an enterprise.
13-701. Sentence of imprisonment for felony; presentence report
A. A sentence of imprisonment for a felony shall be a definite term of years and the person sentenced, unless otherwise provided
by law, shall be committed to the custody of the state department of corrections.
B. No prisoner may be transferred to the custody of the state department of corrections without a certified copy of the judgment
and sentence, signed by the sentencing judge, and a copy of a recent presentence investigation report unless the court has waived preparation of the report.
C. Except as provided in section 13-604 the term of imprisonment for a felony shall be determined as follows for a first offense:
1. For a class 2 felony, five years.
2. For a class 3 felony, three and one-half years.
3. For a class 4 felony, two and one-half years.
4. For a class 5 felony, one and one-half years.
5. For a class 6 felony, one year.
SEX OFFENDER REGISTRATION
According to the Department of Public Safety (DPS), Arizona currently has approximately 10,500 registered sex offenders. A.R.S.
§ 13-3821 outlines which offenders must register and includes any person convicted of a violation or attempted violation of the following:
Unlawful imprisonment if the victim is under 18 and the imprisonment is not committed by the parent.
Kidnapping if the victim is under 18 and not committed by the parent.
Sexual abuse if the victim is under 18.
Sexual conduct with a minor.
Sexual assault or sexual assault of a spouse.
Molestation of a child.
Continuous sexual abuse of a child.
Child prostitution, taking a child for the purpose of prostitution or sexual exploitation of a minor.
second/subsequent violation of indecent exposure or public sexual indecency to person under 15.
A third/subsequent violation of indecent exposure or public sexual indecency
Failure to register as a sex offender or update registration upon moving.