State v. Superior Court

GORDON, Justice:

Real party in interest Ronald P. Livingston was charged in Phoenix Municipal Court with a violation of A.R.S. § 13-1402, which provides:

“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 such other person, as a reasonable person, would be offended or alarmed by the act.”

Indecent exposure is a class 3 misdemeanor. The state charged Livingston with “standing, facing Seventh Street through a window, being…