Gwinnett County Indecent Exposure Defense
Few people realize how easy it is to get arrested for indecent exposure. While the charge often gets thought of as a man showing his private body parts to others, it more routinely occurs that a couple tries to spice up their relationship by performing sexual acts in public. That could mean anything from sex in a partially-opened dressing room so others can see you, “road head,” mooning others, or getting a bit too caught up in the moment in a movie theater.
At the Law Office of Adam D. Brown, we understand the complexities and sensitivity surrounding indecent exposure allegations. Whether you’re facing accusations stemming from a misunderstanding, mistaken identity, or other circumstances, our dedicated legal team is here to provide expert guidance and an aggressive criminal defense to protect your rights & secure your freedom.
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What is Considered Indecent Exposure in Georgia?
While a first lifetime conviction is only a misdemeanor, carrying a maximum of a $1,000 penalty and up to a year in jail under OCGA 16-6-8, the heaviest penalty is that you may be labeled as a sex offender. It won’t matter if you were getting frisky with a partner and it was “a good story.” You will be labeled just the same as that guy selling “lollipops” to young kids out of a sketchy van.
The different flavors of of public indecency includes:
- Public performance /an act of sexual intercourse;
- Public lewd display of sexual organs;
- Public lewd nudity (partial or complete nudity); or
- Public lewd caressing or fondling the body part of another.
How is “Lewd” Defined?
Notice that the term “lewd” is used in several versions. Whether or not something is “lewd” is determined by “morals” and “common decency,” and is a question judges often leave for a jury to decide. The equivalent term on a federal level is “obscene.” Of course, over time, the concept of what is “obscene” has changed. What may have been obscene at some point in the past may no longer be obscene.
Examples of how this “obscenity” can move over time include the passage of laws that decriminalize exposed breasts to feed a child, or the “Free the Nipple” campaign. Regarding public sex acts, there are private clubs in Atlanta (quite famous clubs) that now allow a simulated public sex arena for individuals to explore public sex, or public nudity (in the confines of a private club) in a consensual environment so that you will not face an indecent exposure charge.
On the flipside, merely displaying sexual organs in public is not necessarily a crime. It must also be public, intentional, and lewd.
Penalties for Indecent Exposure in Georgia
In Georgia, first and second offenses of public indecency are classified as misdemeanor crimes, carrying penalties of up to one year in prison upon conviction. However, subsequent offenses can lead to felony charges, with potential sentences ranging from one to five years of imprisonment.
When indecent exposure occurs in the presence of a child, the offense automatically escalates to felony status.
Beyond imprisonment, individuals convicted of indecent exposure may also be required to register with Georgia’s sex offender registry. This registry carries significant stigma and can complicate employment and housing prospects more than a criminal record alone.
Navigating these serious consequences requires the skilled representation of the Law Office of Adam D. Brown.
Possible Defenses against Indecent Exposure
Facing charges of public indecency can be daunting, but several defenses may apply in such cases.
Mistake of Fact: A common defense is that the indecent act was accidental or a mistake. For instance, if someone unintentionally exposed themselves, such as losing clothing while swimming, and promptly tried to correct the situation, this can be a valid defense.
Mistaken Identity: In situations where public indecency occurs in poorly lit areas or at night, law enforcement may mistakenly identify individuals. This mistaken identity defense can challenge the accusation.
It’s important to note that certain reasons are not considered valid defenses to public indecency charges. For instance, courts have ruled that the need to urinate (Clark v. State) or the belief that no one would witness the act are not sufficient defenses in Georgia.
Contact the Law Office of Adam D. Brown
If you are facing indecent exposure charges in Gwinnett County, Georgia, the Law Office of Adam D. Brown is here to help. Our experienced legal team will thoroughly examine the evidence to determine if you were wrongfully charged or if there are grounds for case dismissal before trial.
Should your case proceed to court, we will provide a vigorous defense, working tirelessly to protect your rights. We also explore negotiation options with the prosecution to mitigate potential consequences.
Contact us today to arrange a free case evaluation or call us directly at (404) 883-8893. Let us help you navigate this challenging situation with the expertise and dedication you deserve.
