Experienced Criminal Defense Attorney Defending Illinois Clients against Public Indecency Charges
A public indecency charge refers to indecent or obscene behavior in public that society deems to be immoral and inappropriate.
What Constitutes Public Indecency Behavior?
Public Indecency usually involves an element of sexual indulgence or lust on the part of the accused. For example, performing in sexual intercourse in a public setting will satisfy this requirement. Other public sexual acts may also fall within the definition of lewd or indecent behavior. The level of sexual contact required varies by state. Exposing your private body parts, known as “flashing” or exhibitionism, also constitutes immoral behavior under many state statutes. But just kissing in public does not.
What Does the Prosecutor Have to Prove?
To obtain a conviction for public indecency the prosecutor must provide sufficient evidence to prove to a judge or jury, beyond a reasonable doubt, that the defendant committed open and public acts of indecency.
What is a “public place”?
Acts in places accessible to the general public, such as parks, highways and streets fall within the public place requirement. Acts in any place visible to the public satisfy this element of public lewdness. For example, engaging in sexual intercourse inside an automobile that is visible to someone outside the automobile constitutes public indecency. Similarly, indecency acts inside a private home may meet the public place requirement if persons outside the home can observe the acts.
Individuals charged with public indecency raise a number of defenses.
- Lack of intent to act publicly
- Lack of sexual motivation ie a person might urinate in public without intent to arouse
- The Law is very vague
- The marriage of the parties
Someone convicted of public lewdness can be subjected to any or all of the following penalties:
- Probation. A person on probation regularly meets with a probation officer and fulfills other terms and conditions, such as maintaining employment and attending counseling.
- Fines. Courts impose fines to penalize defendants up to $1,000.
- Incarceration. Sentences involve 12 months or less in the county jail.
- Community service.
Free Consultation with a Chicago Defense Lawyer
Contact Sami today to discuss your public indecency case and learn more about what he can do to help you. If you would like to reach Sami quickly and directly, please call his cell phone 24/7 at (312) 626-2871 or (847) 255-2100. The consultation is free. For your convenience, weekend appointments are available.