Arizona Revised Statutes

Ariz. Rev. Stat. § 13-1403 (2026)

Public sexual indecency; public sexual indecency to a minor; classification

✓ current as of May 2026

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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.

Notes of Decisions

Cited in 96 cases (2 in the last 5 years), 1964–2024 · leading case: United States v. Adam Shepherd, 880 F.3d 734 (5th Cir. 2018).

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United States v. Adam Shepherd, 880 F.3d 734 (5th Cir. 2018). · cites it 13× “at 16; see Ariz. Rev. Stat. Ann. § 13-1403 ; Tex. Penal Code Ann.”

State v. Williams, 99 P.3d 43 (Ariz. Ct. App. 2004). · cites it 10× “§ 13-1403 (2001) provide that a person commits public sexual indecency by intentionally or knowingly engaging in an act of “sexual contact” when another person is present and the defendant acts recklessly regarding whether the other person, as a reasonable person, would be…”

State v. Flores, 772 P.2d 589 (Ariz. Ct. App. 1989). · cites it 20× “The supreme court in Hamilton decided the constitutionality of A.R.S. § 13-1403. At issue was paragraph (1) as well as the definition of "sexual contact.”

State v. Whitaker, 793 P.2d 116 (Ariz. Ct. App. 1990). · cites it 16× “The trial court held that the public sexual indecency statute could not “reasonably be construed so as to encompass activities within a private residence.”

State v. Smith, 599 P.2d 187 (Ariz. 1979). · cites it 8× “Defendant contends that there was no probable cause to arrest him for the "Donna Crowe incident" as required by A.R.S. § 13-1403, [6] which reads in pertinent part: "§ 13-1403 Arrest by officer without warrant.”

State v. Jannamon, 819 P.2d 1021 (Ariz. Ct. App. 1991). · cites it 13× “The pertinent statute, A.R.S. § 13-1403, provides in part: 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…”

Rolph v. City Court of City of Mesa, 618 P.2d 1081 (Ariz. 1980). · cites it 11× “” “§ 13-1403. Public sexual indecency; classification A.”

State Ex Rel. Hamilton v. Superior Court, 624 P.2d 862 (Ariz. 1981). · cites it 9× “…and (C) to charges under ARS §§ 13-1402,13-1404,13-1405, and 13-1406 (variously) do not apply to violations of ARS § 13-1403. Did the legislature truly intend to find doctors culpable under the statute whenever a physical examination is performed? The language of the…”

State v. Sandoval, 857 P.2d 395 (Ariz. Ct. App. 1993). · cites it 7× “section 13-1403 and in the process contrasted that statute, which prohibits public sexual indecency, with A.”

In Re Gault, 387 U.S. 1 (1967). · cites it 2× “ARS § 13-1403. The Supreme Court of Arizona held that this is inapplicable in the case of juveniles.”

State v. Cook, 564 P.2d 877 (Ariz. 1977). · cites it 4× “It reads: "An officer, in order to make an arrest either by virtue of a warrant, or when authorized to make such arrest for a felony without a warrant, as provided in *196 § 13-1403, may break open a door or window of any building in which the person to be arrested is or is…”

State v. Tellez, 431 P.2d 691 (Ariz. Ct. App. 1967). · cites it 8× “A.R.S. § 13-1403, subsec. 4. We believe that the point where the warning must be given is when the two generally coincide, for from that point forward the police can be expected to pursue the case against the defendant with vigor.”

Show all 96 citing cases →

— Ariz. Rev. Stat. § 13-1403(1) — 2 cases

State v. Myers, 570 P.2d 1252 (Ariz. 1977).

Cullison v. City of Peoria, 584 P.2d 1156 (Ariz. 1978).

— Ariz. Rev. Stat. § 13-1403(2) — 4 cases

Attwood v. Purcell, 402 F. Supp. 231 (D. Ariz. 1975).

State v. Bell, 551 P.2d 548 (Ariz. 1976).

State v. Miller, 632 P.2d 552 (Ariz. 1981).

Attwood v. Purcell, 402 F. Supp. 231 (D. Ariz. 1975).

— Ariz. Rev. Stat. § 13-1403(4) — 4 cases

State v. Intogna, 419 P.2d 59 (Ariz. 1966).

State v. Miller, 632 P.2d 552 (Ariz. 1981).

State v. Moore, 529 P.2d 1172 (Ariz. 1974).

State v. Chudy, 492 P.2d 402 (Ariz. 1972).

— Ariz. Rev. Stat. § 13-1403(5) — 1 case

Erickson v. City Court of City of Phoenix, 458 P.2d 953 (Ariz. 1969).

— Ariz. Rev. Stat. § 13-1403(A) — 5 cases

State Ex Rel. Hamilton v. Superior Court, 624 P.2d 862 (Ariz. 1981). “…and (C) to charges under ARS §§ 13-1402,13-1404,13-1405, and 13-1406 (variously) do not apply to violations of ARS § 13-1403. Did the legislature truly intend to find doctors culpable under the statute whenever a physical examination is performed? The language of the…”

State v. Whitaker, 793 P.2d 116 (Ariz. Ct. App. 1990). “The trial court held that the public sexual indecency statute could not “reasonably be construed so as to encompass activities within a private residence.”

State v. Jannamon, 819 P.2d 1021 (Ariz. Ct. App. 1991). “The pertinent statute, A.R.S. § 13-1403, provides in part: 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…”

State v. Hoffman (Ariz. Ct. App. 2016).

Samiuddin v. Hon. nothwehr/state (Ariz. 2017).

— Ariz. Rev. Stat. § 13-1403(A)(1) — 4 cases

Rolph v. City Court of City of Mesa, 618 P.2d 1081 (Ariz. 1980). “” “§ 13-1403. Public sexual indecency; classification A.”

State v. Williams, 99 P.3d 43 (Ariz. Ct. App. 2004). “§ 13-1403 (2001) provide that a person commits public sexual indecency by intentionally or knowingly engaging in an act of “sexual contact” when another person is present and the defendant acts recklessly regarding whether the other person, as a reasonable person, would be…”

State v. Cameron, 916 P.2d 1183 (Ariz. Ct. App. 1996).

State v. Howell Barnes (Ariz. Ct. App. 2024).

— Ariz. Rev. Stat. § 13-1403(A)(3) — 1 case

State v. Flores, 772 P.2d 589 (Ariz. Ct. App. 1989). “The supreme court in Hamilton decided the constitutionality of A.R.S. § 13-1403. At issue was paragraph (1) as well as the definition of "sexual contact.”

— Ariz. Rev. Stat. § 13-1403(B) — 6 cases

State v. Falcone, 264 P.3d 878 (Ariz. Ct. App. 2011).

Samiuddin v. Hon. nothwehr/state (Ariz. 2017).

— Ariz. Rev. Stat. § 13-1403(C) — 1 case

State v. Williams, 854 P.2d 131 (Ariz. 1993).

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