Public sexual indecency charges have been filed against two women and a man after they reportedly engaged in sexual activity in a hot tub at a Peoria (AZ) apartment complex. Police say they were called to the scene by someone who heard a child of one of the women crying, having allegedly been left alone in one of the apartments. When the officers arrived, they say the found the three adults in the hot tub.
Here’s the story, according to police reports. The man and one of the women are apparently a “couple,” and they and the woman’s two children (ages 3 and 5), were at his apartment with another woman. Police say the children were left alone in the apartment while the three adults were having sex in the hot tub. The officers claim that the sexual activity continued even after the three were told by the cops to stop.
The catalyst for the appearance was a 9-1-1 call stating that one of the children was walking around the apartment complex crying for his mother. The other child was found sleeping on a couch inside the apartment. The big question in the case appears to be whether the children were present during the sexual activity. The mother says no; a witness disagrees.
The result of the inquiry concerning the children’s presence is a significant one in terms of the legal ramifications of the case. Assuming this is a first offense, public sexual indecency is ordinarily a misdemeanor under A.R.S. 13-1403A. It consists, basically, of having sexual contact, sexual intercourse, etc., if another person is present, where the defendant is reckless about whether the other person reasonably would be offended by the act. Public sexual indecency to a minor (that is, where a minor under the age of 15 is present), on the other hand, is a class 5 felony.
At this point, both misdemeanor and felony indecency charges have been filed against all three of the alleged participants. The mother of the children and her boyfriend were also charged with felony child abuse. We’ll have to wait to see how this story plays out.
Law Offices of David A. Black
40 North Central Avenue #1850
Phoenix, AZ 85004