AI-assisted research summary: This section makes indecent exposure an offense, with a breast-feeding exception, and sets different felony/misdemeanor classifications based on the age of the other person and prior convictions.
13-1402 - Indecent exposure; exception; classification 13-1402 . Indecent exposure; exception; classification 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, except that it is a class 6 felony if the defendant has two or more prior convictions for a violation of this section or has one or more prior convictions for a violation of section 13-1406. 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 is guilty of a class 3 felony and 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.