Is Having Sex in Public in Arizona a Crime? What Can You Be Charged With?

In Arizona, the regulations that outlaw public sex make it a misdemeanor violation. This means that it is not a felony and you would not lose your voting or gun rights if convicted of the misdemeanor charge. But the story doesn’t end there, because if a minor under the age of 15 sees you performing the sexual act, you could be charged with a Class 5 Felony. This DOES mean that you could lose your voting and gun rights in the State of Arizona. Various local regulations may be more comprehensive and cover a variety of indecent exposure or salacious conduct.

When was the alleged criminal activity performed?

Question: My boyfriend is really into sex in public areas, like when we’re hiking in the park and even in my Toyota SUV nearby busy roads. I really appreciate these “immediate” experiences but I’m concerned that we could be arrested for doing this — is this considered to be a criminal activity? What crime is it actually?

Solution: Find a private place to have your fun. Seriously, you are probably involved in a case of indecent exposure. This charge could be a misdemeanor or a felony, depending on whether a child under the age of 15 saw the indecency or sex act.

Here we discuss the laws that generally relate to public sex.

Public Sex is a Criminal Offense

In Arizona, the legislation that criminalizes public sex make it either a misdemeanor or a felony, depending on the age of people that may have seen it. The misdemeanor charge carries less serious consequences than the felony charge. Various local (county and city) regulations can also add to the charges you may face.

Indecent Exposure

Exposure of one’s intimate body parts, which normally consist of genitalia as well as women’s breasts, is considered to be indecent exposure. Since genitalia or women’s upper areas could be in view during public sex, those caught in the act in Arizona are usually charged with indecent exposure.

However, some people are adept at making love while still concealing their private areas. Even if you are able to prevent direct viewing exposure during sex in public, you may still face an indecent exposure charge in Arizona.

Lewd Act

In lots of states, the commission of a public “salacious act,” including sexual acts, is an offensive criminal activity. Public sexual acts are usually defined by the standards of the state in which they are enacted. States with regulations that outlaw public sex acts commonly address specifics so even if the people were dressed, certain acts can still be charged as sex in public. This covers people that were considered to have “discreet public sex.”

PD: Man Faces Indecent Exposure Charge After Bathing in Phoenix Church Fountain
In 2019 a homeless man faced indecent exposure charges after bathing in a public church fountain. Upon arrival the police questioned him. The man responded by uttering senseless verbiage and various expletives. The man had to be restrained after police called for backup because he did not cooperate with police officers. During a body search, police found a baggie believed to contain methamphetamine and a used syringe. He was charged on multiple counts including indecent exposure, resisting arrest, and drug charges.

Female Charged With Adultery In New York After Being Caught Making Love In Public
In 2010, cops confronted a pair making love on a barbecue table in a city park in upstate New York. In addition to billing both with public lewdness, the police officers additionally charged the woman that was wed to a guy aside from her companion, with infidelity.

What Is Defined as “Public”?

While sex in a public park, for example, is rather plainly sex in public, what can be said regarding other situations? Arizona forbids sex in public toilets as well as other public centers. What about sex in a car, as we have been asked in the past? If you are parked on a main road during the day and also plainly visible to passers-by, that would certainly be considered to be a public display. What matters most is who can observe the act. Even if the act is ‘hidden,’ if someone sees it, it’s possible you could be charged with a crime.

Yet, a New York City court for example, has ruled that sex in an auto was not sex in a public area unless the act could be easily seen by passers-by. (Individuals v. McNamara, 585 N.E. second 788 (1991 ).) So, it truly relies on whether your state sees the interior of an automobile as a public or private room, as well as what the circumstances are of your “car parking.”

In Arizona, the courts may rule in your favor if you can prove that your vehicle was not easily visible by any passersby and a police officer snuck up on you. However, the more noticeable you are to an informal observer, the greater the possibility that you could be charged under Arizona’s legislation.

Defenses to Indecent Exposure in Arizona

There are a couple of defenses that a person charged with making love in public can raise to attempt to defeat the fees. Here we explore a few of them.

Not Public

Regarding sex in an automobile, if you are parked in a remote area in the evening as well as not in the pathway of pedestrians that might conveniently see inside your car, you might have the ability to suggest that you were not “in public.” Once more, the success of this protection relies on how well you are able to prove that the act was not committed in an openly public area and whether people were easily able to observe the acts.

Sex in a secluded part of a public area is still considered to be public. As an example, a pair having sex in a public restroom stall with the door shut is essentially out of public view. However, Arizona regulations prohibit sex in public rest rooms. Also, Arizona in 2013 made it a crime for people to use a rest room of the opposite sex, so if that’s the case the person of the other gender could be charged under that law as well.

Not Sex

Often a steamy dance is just that. If your dirty dance actually is that, you are most likely not in offense of the legislation. Nonetheless, oral sex and also other types of copulation are sex for purposes of the law, even if no genitalia can be seen throughout the act and therefore can still be considered to be indecent exposure.

Charges for in Public Sexual Exposure

Indecent exposure in Arizona carries a maximum fine of $2500 plus surcharges and up to 6 months in jail. Additionally, up to 3 years of probation may be assigned along with counseling and education classes that must be completed. Under the Class 5 Felony laws if a minor under the age of 15 viewed all or part of the sex act and/or exposure, first-time offense could result in a 6 month to 2.5 year jail sentence. Prior felony convictions can greatly increase the jail time.

Speak with A Legal Representative

Sex in public, while possibly enjoyable to talk about for purposes of a fun conversation, is not nearly as amusing when you have to appear in court to answer for it. Although your charge will most likely be a misdemeanor, it must still be considered to be significant and should be defended robustly.

The charge could become very expensive not only financially, but also in terms of the cost on your time away from your job, family, etc. If you have questions about public sexual exposure or indecency, consult an experienced criminal defense attorney in Arizona such as The Ferragut Law Firm. Call them today at 602-324-5300.