Public indecency charges: What is it and how to defend it?

Almost every state in the United States has public indecency legislation in place. They are regularized to prevent and discourage people from involving in such convictions that can affect their whole lives. The state statutes were briefly described to uphold a minimum level of morality and dignity in the open areas 

Unluckily, these laws entangle people from reputable backgrounds while they are caught in awkward situations.

For instance, if a police officer catches you urinating or kissing in public, you can end up having public indecency charges, which can take you behind the bars with additional criminal charges. There are a few things behind a public indecency charge that can potentially expose you to embarrassment. Luckily, it is possible to avoid some or all of the public indecency charges if you retain the services of a criminal defense lawyer on an immediate basis.

What constitutes the meaning of a public indecency charge?

What constitutes the meaning of a public indecency charge
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Convictions related to indecent exposure which is also referred to as ‘Public indecency’ can potentially induce criminal charges in your record along with the registration as a sex offender in the public records. A person can be involved in the misdemeanor of a public indecency charge in three different ways;

  • Exposing private parts
  • Involving in masturbation publicly
  • Engaging in conduct that will appear sexual to the observer

The Ohio statute explains ‘private parts’ of an individual man and woman apart from a woman’s breasts as a person’s genitalia. To charge someone with the public indecency charge, it should be kept in mind that the individual should be indulged in the public indecency act in the public area recklessly without an intent to disturb someone, under the situations where the observers viewing the person involved in physical proximity should not be from their own family

An enhanced or aggravated public indecency charge can be pressed if a defendant is knowingly involved in the act in the public areas in the presence of minors or if he or she has a prior history of indecency conviction. In Ohio and many states, state statutes consider individuals under 18 as minors.

Indecency charges can also be charged as felony crimes depending on the history and the severity of the execution. There are certain circumstances that can result in felony convictions against public indecency charges. Also, anyone that is involved in an aggravated indecency charge can even land up a convict in harsh penalties.

In addition, if an individual knowingly indulges in a public indecency situation having prior convictions for the same criminal execution can end up having felony charges along with hefty fines.

Associated sentencing and penalties

If an individual displays their private parts with the intent of showing it to others which are normally viewed as ‘affront’, the public indecency offense will be charged as a fourth-degree misdemeanor. With the fourth-degree misdemeanor charge, the following penalties can be possibly charged for a first-time offender;

  • A fine of up to $250.
  • Maximum of 30-day jail time

The second time offense of the public indecency charge will carry charges of a criminal execution of second-degree misdemeanor penalties.

If the offense was viewed by a minor, then the penalties can be taken as a first-degree misdemeanor and the second-time offense of criminal execution in the presence of a minor will be considered a 5th-degree felony charge.

Involved in actions that appeared to be masturbating or sexual conduct (or such action that appears to be physical proximity) is typically considered a third-degree misdemeanor. Possible convictions for the misdemeanor charge carry:

  • A third-degree misdemeanor charge carries a total of 30 days jail time along with a fine of $500.
  • The same offense with a similar criminal execution will end up in a second-degree misdemeanor.
  • If your public indecency sexual conduct was viewed by a minor, it would be charged with a first-degree misdemeanor and a second-degree offense will be considered a fifth-degree offense.

Intentionally involved in sexual misconduct or involvement in nudity in front of the minor will be considered a second-degree misdemeanor.

  • A penalty associated with the second-degree offense of public indecency charge carries a jail time of up to ninety days along with the fine of $750.
  • If the act was committed for the second time the charge would make it a first-degree offense.
  • A 5th-degree felony charge will be pressed if an individual is involved in displaying nudity or masturbating and lures a minor to involve in the activity.

What penalties would be there if both victim and defendant are minors?

The state statutes does not specify any conviction or defense for minors involved in such acts. If your minor performs such actions in public while thinking that is consensual while making it simply dumb, then instead of minor, you could potentially get into hot legal waters.

To discuss it potentially and know your rights when dealing with your minor’s misconduct, it is suggested to hire a lawyer that would allow you to avoid criminal records and consequences that linger on your whole life.

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