Philadelphia Indecent Exposure Lawyers
Indecent exposure—like any sex offense charge—comes with criminal penalties and an entire array of collateral damages. When officials charge you with a sex offense like indecent exposure, your community and peers may judge you guilty even before you’ve gone to trial. Unfortunately, this social stigma can follow you for many years to come.
While indecent exposure may not sound like a criminal offense that is all that serious, the repercussions can be severe. You could find yourself behind bars—from two to five years—and be required to register as a sex offender.
Further, in many cases, “indecent exposure” is, in reality, nothing more than a man relieving himself without any intention of exposing himself. While many cities have laws against public urination, there are few state laws that address this behavior. Even though sexual gratification has absolutely nothing to do with this, it can sometimes be charged as indecent exposure.
The most common examples of indecent exposure include:
- “Streaking,” or running through a crowd naked
- Engaging in sex in a public area or public restroom
- Deliberately opening an item of clothing to expose oneself (“flashing”)
- Urinating in public
While the first three examples are generally deliberate—and you will need solid legal representation for the charges—the fourth example is rarely intentional. Instead, it is more likely to be an act of desperation when there is no restroom nearby.
If this is the case, your attorney can seek to have the indecent exposure charges dropped to the summary offense of urinating in public. Unfortunately, a conviction for indecent exposure—and possibly even public urination—could result in being added to the sex offender registry.
While you would be at the lowest Tier, you would nevertheless be required to register for a period of 15 years. Being placed on the sexual offender registry can prevent you from obtaining employment or securing a place to live. You could be denied a professional license or a government student loan for college. Perhaps just as important, even though these charges are at the lower end of sexual offenses, you would still be branded publicly as a sex offender.
This is not a time when you should attempt to handle these charges on your own. This is a complex criminal defense situation that requires legal assistance. Once you have a Pennsylvania sex crimes defense attorney on board, you can rest easy knowing your rights are fully protected and that your attorney will work hard to reduce or eliminate the criminal penalties associated with your charges.
What is Indecent Exposure?
In the state of Pennsylvania, it is against the law to expose your genitals in any public place or in any place where there are other people present when you know such exposure will offend or alarm others. While indecent exposure generally includes exposing one’s genitals in public, in some situations, it can include exposing yourself in your own home, with others present.
A couple having sexual intercourse in public can be charged with indecent exposure if the genitals are clearly exposed but could also be charged with lewdness (A conviction for lewdness, although a third-degree misdemeanor, still requires registering as a sex offender). It is worth noting that while there has been some controversy over breastfeeding in public, this is not considered indecent exposure—or any other criminal offense. Having your underwear exposed is also not considered indecent exposure. If indecent exposure is taken a step further—the defendant actually touches or makes physical contact with another person—the charges could be elevated to sexual assault.
Pennsylvania Indecent Exposure Statute
(a) Offense defined.–A person commits indecent exposure if that person exposes their genitals in any public place or in any place where there are present other persons under circumstances in which he or she knows or should know that this conduct is likely to offend, affront or alarm.
(b) Grading.–If the person knows or should have known that any of the persons present are less than 16 years of age, indecent exposure under subsection (a) is a misdemeanor of the first degree. Otherwise, indecent exposure under subsection (a) is a misdemeanor of the second degree.
What Are the Penalties for Indecent Exposure?
If the witness to the act of indecent exposure was 16 years old or younger, indecent exposure could be charged as a first-degree misdemeanor. Otherwise, indecent exposure is charged as a second-degree misdemeanor. Don’t make the mistake of thinking a misdemeanor offense is not serious. A first-degree misdemeanor conviction in the state of Pennsylvania carries a sentence of up to five years in prison, along with discretionary fines (from $5,000 and up, potentially) set by the judge.
A second-degree conviction for indecent exposure can potentially place you in prison for up to two years, along with discretionary fines set by the judge—perhaps as large as $5,000. Whether a first-degree or second-degree misdemeanor, indecent exposure is considered a sex crime. Therefore, the convicted person must register as a sex offender for fifteen years after serving their sentence.
Are There Defenses to the Act of Indecent Exposure?
While your defense will depend on the facts and circumstances surrounding your charges, there are certain defenses used most often following charges of Indecent Exposure. These include:
- Lack of intent—you had no intention of exposing your genitals to anyone, therefore, the exposure was accidental rather than intentional.
- Lack of knowledge that the exposure would alarm or offend another person
- Mistaken identity—You could be the victim of mistaken identity in situations where the perpetrator’s face was not clearly seen. It could have been dark, or the facial features might otherwise have been obscured. Particularly if you are able to provide an alibi for where you were at the time the incident occurred, your attorney can prove that the identification made by a witness or witnesses was simply incorrect.
- Insufficient evidence means the prosecutor does not have enough evidence to show you deliberately committed the crime of indecent exposure. Perhaps the victim or victims could not clearly see whether the person committing the act of indecent exposure was you, or perhaps you did expose your genitals, but in a secluded area where you would not reasonably expect others to be present. There may also be a lack of evidence that shows your intent was actually to sexually gratify yourself; therefore, offending another was purely accidental.
- Age—A child or youth is unlikely to have the intent of sexual gratification or arousal through the exposure of the genitals; therefore, charges of indecent exposure may be a serious overreach on the part of the prosecutor.
- Mental disability—an individual with a mental disability may lack the mental capacity to understand it is socially unacceptable to expose their genitals in public.
- Intoxication—Although intoxication is not a “standard” defense to charges of indecent exposure, it could potentially be considered a mitigating factor by the court, helping to reduce penalties.
- Mistake of fact—no indecent exposure occurred
While adults should take care to never expose themselves to others, there are certain cases when the exposure was entirely inadvertent. A person might be naked, going from their own swimming pool to their home, not thinking anyone else could see them. Perhaps they were wearing little or no clothing when they were accidentally locked out of their home. Or, perhaps the “indecent exposure,” was nothing more than a prank engaged in by teens as they “mooned” others. None of these situations warrant indecent exposure charges and the necessity of registering as a sex offender for fifteen years.
How Can an Experienced Attorney Help Me with My Charges of Indecent Exposure?
Unfortunately, judges, prosecutors, and jurors can be quick to make snap judgments regarding indecent exposure charges. If you choose not to have a skilled criminal defense attorney by your side, there may not be a full and fair review of the actual facts of your case. You are entitled to due process as well as sufficient opportunity to present your own evidence and prove you are not guilty of these charges. When you have the support of a knowledgeable Pennsylvania criminal defense attorney like Lee Ciccarelli, you can fight the allegations of indecent exposure in an efficient, professional manner.
The goal of your attorney will be to move you toward having the charges dismissed altogether or, at a minimum, reduced to a charge that does not include prison time or the necessity of registering as a sex offender for many years to come. A sex crime conviction can derail your future for a very long time. Having an experienced Pennsylvania sex crimes attorney who can quickly take control of the case is imperative. You deserve a proactive, aggressive legal advocate who will quickly begin laying the groundwork to clear your name.
Your attorney will understand what a stressful, even embarrassing experience this is for you while helping you choose the best course of action, comprehensively investigating your charges, and exploring all potential defenses to your alleged criminal conduct. You do not need to go it alone—nor should you. Remember—charges of indecent exposure do not necessarily mean a conviction when you have strong legal representation. You need an attorney who understands that people make mistakes they later regret and that nobody should be judged for their worst day. Our attorneys will examine the evidence in your case closely, working with you to develop a solid strategy for your defense.
Helping Those in Philadelphia
Our team of experienced Pennsylvania sex crime defense attorneys will be there to help you the moment you get charged with a sex crime. Our lawyers will work on building a defense designed to expose the holes in the prosecution’s case against you.
Our Philadelphia Center City location is: Two Penn Center Plaza, Suite 200, Philadelphia, PA, and we make ourselves available to meet with you locally throughout Pennsylvania.
When you have been accused of a sex offense in Philadelphia, you need justice; and you need a top criminal defense lawyer with years of experience winning the tough cases: contact the Justice for the Accused Criminal defense team today. Contact us 24/7 at (215) 515-6111.