Indecent Exposure & Public Lewdness
Indecent Exposure
Generally, indecent exposure is the act of a person showing their genitals in public, but does not necessarily have to be for the purpose of shocking people. If a person exposes his anus or any part of his genitals with the intent to arouse or gratify the sexual desire of any person (including himself) and is reckless about whether someone is present who will be alarmed or offended by the act, he is said to have committed an act of indecent exposure. Indecent exposure is a class B misdemeanor and could result in up to 180 days in jail and a $2,000 fine or probation.
Public Lewdness
Public lewdness can be generally defined as public fornication. If a person knowingly engages in any form of a sexual act in a public place, while another person is present who might be alarmed or offended by his act, he will have committed an act of public lewdness. In some instances, people have been charged with public lewdness for groping/fondling as officers felt the level of affection went beyond appropriate. Private parts need not necessarily be shown in order to be charged with public lewdness, the act itself may justify being arrested for the charge. It is hard to define what qualifies as a public place as courts tend to consider whether a location is a public place on a case by case basis. In some instances, a car has been considered to be a public place while in other instances it has not.
A public lewdness charge may be filed as a misdemeanor or felony, depending on the circumstances in which the sexual act was performed. If the act occurred in front of an adult, then it may be filed as a misdemeanor with the possibility of a year in jail and a maximum fine of $4,000. If the act was committed in front of a minor, the charge may be filed as a felony and may result in having to register as a sex offender in addition to the possibility of jail time and fines. Whether you are charged with a felony or misdemeanor, there is the possibility that you could be placed on probation. Generally, if this is your first offense, your punishment will be less harsh than if you are a repeat offender. Additionally, if this was not your first time being charged with public lewdness you may be required to undergo court ordered counseling. Ultimately, in determining your punishment judges take into consideration the testimony of witnesses and officers, the age of the parties, and the location of the offense. In rare circumstances, a person may be charged with public lewdness although they are not in a public place. This will occur if he committed a sexual act and was reckless about whether another person was present who was offended or alarmed by the act.
If you are convicted of committing a sexual crime, whether it be public lewdness or sexual assault, you may be required to register as a sex offender which could affect your ability to find employment and a place to live, and, ultimately, affect your entire life. If you travel out of town for an extended period of time or frequently, you will have to report to authorities in the city and county as well. Failure to comply with registration requirements will result in being charged with another felony, with the possibility of being charge for each individual violation. The time you will be required to register varies depending on the offense.
