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 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 pursuant to section 13-709.05.
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