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Public Sexual Indecency

13-1403. Public sexual indecency; public sexual indecency to a minor; classification

A. A person commits public sexual indecency by intentionally or knowingly engaging in any of the following acts, if another person is present, and the defendant is reckless about whether such other person, as a reasonable person, would be offended or alarmed by the act:

1. An act of sexual contact.

2. An act of oral sexual contact.

3. An act of sexual intercourse.

4. An act of bestiality.

B. A person commits public sexual indecency to a minor if the person intentionally or knowingly engages in any of the acts listed in subsection A of this section and such person is reckless about whether a minor who is under fifteen years of age is present.

C. Public sexual indecency is a class 1 misdemeanor. Public sexual indecency to a minor is a class 5 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 13-1402 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: Mitigated Minimum Presumptive Maximum Aggravated 6 years 8 years 10 years 12 years 15 years

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.

I have handled many of these cases.  Some of these cases involved adult bookstores and movie theaters.  It is my opinion that cases from those places are very strong under the law.  I have taken many of these cases to a jury trial and received a Not Guilty verdict.  The reason is that the law is actually on the side of the Defendant in many instances.

I have also won a jury trial in a case involving a public bathroom in a park.  The police tend to overcharge some incidents that are not what they appear.

These charges are embarrassing and having on of these on your record should be avoided if possible.  I know how to beat these charges and have proven it many, many times.

The Law Office of Michael A. Burkhart

Michael A. Burkhart has over ten years of experience defending the accused throughout Phoenix, including cases in Mesa, Maricopa County, Tempe, Gilbert, Chandler, and Queen Creek.

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