Sex in public may seem like a fun escapade, but it can come with serious consequences. Criminal defense attorneys reveal that the outcome of a case depends on several factors, including:
The intent matters when it comes to indecent exposure charges. A lawyer will try to argue that the act was not done for sexual gratification or to annoy anyone else.
1. You could be charged with outraging public decency
A conviction for outraging public decency can carry heavy penalties. The prosecution has to prove that the sex act in question was in fact public and that it was lewd or obscene or disgusting in nature. The prosecution does not have to prove that persons witnessed the offence but that it was capable of being seen by those who were present. Depending on the circumstances and your level of culpability, you could face a range of penalties including prison sentences.
You could also be charged with indecent exposure or public lewdness. Indecent exposure involves any kind of public display of a private body part such as the genitals or buttocks. Public lewdness is a more general term that covers any type of sexual conduct that is inappropriate or lascivious in a public place.
It all depends on the location and what the laws in your state say. For example, you are likely to be prosecuted more severely if you are caught having sex in a public park at night than you would for doing it in a public school during business hours. In some states, if you are convicted of indecent exposure, you may have to register as a sex offender for ten years or more.
If you are caught with sex in public, your best bet is to contact an experienced and compassionate sex crimes defence attorney right away. Depending on the circumstances, you might be able to avoid charges by arguing that you did not know the area in which you were doing the act was a public place or that no one else was around.
2. You could be charged with indecent exposure
If you get caught having sex in public, it is possible that you could be charged with indecent exposure or public lewdness. These are considered serious crimes and can have a significant impact on your life. For example, a conviction for this crime will appear on your record, which can limit your employment opportunities, housing options and financial security. If you are charged with this crime, you need a criminal defence attorney to review the case and find ways to have it reduced or dismissed.
To be charged with indecent exposure, the prosecutor must demonstrate that you exposed your private body parts – typically your genitalia and/or breasts – in a place open to public view. It is also necessary for the prosecutor to show that you did this with the intent to sexually gratify yourself, annoy another person or injure their feelings. It is important to remember that not all instances of indecent exposure are the same. For instance, it is not illegal to have sex in your car, as long as you do not expose yourself and you are aware that no one else is around.
Additionally, the location of the incident also matters. For example, if you are in a public park at night and you know that there will be other people nearby, it may be more likely that you will be charged with indecent exposure than if you were in your backyard during the day.
3. You could be charged with public indecency
While sex in public may be amusing to discuss in the abstract, it can carry serious real-world consequences if you are caught. A conviction could result in jail time, fines, community service, a criminal record and registration on the sex offender registry. As such, it’s vital to seek out the advice of an experienced solicitor to ensure that your defence is strong.
The exact penalties that you could face for public indecency or lewdness will depend on a number of factors, including where the act took place and how obvious it was. For instance, if you masturbated in front of your neighbours when they were at home, it is unlikely that you would be charged with public indecency or exposure. On the other hand, if you were masturbating in your garden when your neighbours were out and about and they were able to see you clearly, that is more likely to be considered public indecency.
Moreover, if you were to be convicted of either indecent exposure or public indecency and it was done in a public place within 500 feet of a school with children present, the penalty will most likely be enhanced from a misdemeanor to a felony. This will have a significant impact on your future and the lives of your loved ones. That is why it’s important to contact an expert criminal defence solicitor as soon as possible for the best possible advice and representation.
4. You could be charged with assault
In the most extreme cases, if someone is found to have engaged in sexual activities that can be deemed as lewd, they may face charges for assault. This could include touching someone’s genitals or breasts without their consent. It could also involve exposing someone to sex acts that are known to offend them or others around them.
This is why it’s important to have a criminal defence solicitor on your side to help you fight the charges you are facing. Criminal defence lawyers can help you to build a strong case, which will increase your chances of having the charges against you dropped or reduced.
A defence lawyer can argue that the sexual acts you committed weren’t lewd, or at least not a violation of the law. They could point out that a police officer would have to witness the act for it to be considered a public lewdness or indecent exposure offense. They can also argue that you didn’t knowingly engage in a public sex act, which would be another way to potentially get the charges against you reduced.
In the end, it will depend on where you were and who was around when the police officers spotted your actions. For example, getting frisky in a crowded park is much more likely to lead to a conviction than doing so on a private piece of land.
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