Not all areas have a separate misdemeanor charge of public Lewdness as it may also be grouped under Public Indecency. It is generally defined in those areas that have the charge to be the intentional exposure of the genitals, buttocks or female breasts or committing or attempting to engage in a sexual act in public where there is reason to believe you will and can be observed. There does not need to be exposure of the private parts or actual sexual contact to be considered public lewdness, especially if it is in an area where sexual activity has been a problem in the past.
Public Lewdness Penalties
While a misdemeanor in many areas the public stigma and humiliation of the charge is often as significant as the actual penalties. Typically first offenders will have greater options for probation or counseling than subsequent offenses. In some states, depending on the lewd act, there may also be jail sentences of up to one year and/or probation for first or repeat offenses.
Possible Penalties
- Fines
- Court ordered counseling
- Registering as a sex offender
- Jail time
- Probation
Public Lewdness Sentencing
Generally public lewdness charges, if they are first time offenses, will be sentenced less harshly than repeat offenses. Judges will take into consideration the location where the charge occurred, testimony from the arresting officer or officers as well as any other witnesses that may have been present. In addition often the circumstances and location of the arrest will also play a factor as will the age of both parties. An attorney can help in getting the charges reduced or changed to lesser charges such as disorderly conduct or even having them dismissed.
Get Legal Help For Public Lewdness Charges
Even with the option to plea guilty and receive a misdemeanor and a fine, having a public lewdness charge on your record can affect your job opportunities in some situations. Proving lewdness, especially in cases where there was no direct sexual contact, can be difficult if not impossible for a prosecutor. Having a professional criminal defense attorney on your side will help ensure that these questionable charges are dropped or minimized to avoid any impact on your life.
- If you have been charged with Public Lewdness and Indecent Exposure, Submit Your Case for a Free Review from a skilled Criminal Defense Attorney.
Public Lewdness: Fines and Jail by State
Penalties Vary Greatly by Case! For accurate penalties, talk to the court clerk or a lawyer!
| State | Avg. Fines | Avg. Jail | Avg. Probation | Other |
| Alabama | up to 1000 | Class C 3 months | Varies by Case | $500 bond |
| Alaska | 200 | Varies Widely by Case | Varies by Case | Not Available |
| Arizona | 500 | maximum penalty of three months | Varies by Case | Not Available |
| Arkansas | 500 dollar | 3 months in jail | three years | Not Available |
| California | upto $1000 | upto 90 days | Title 14 Section 4322 of the California Administrative Code | Not Available |
| Colorado | 1000 | 90 days | Varies by Case | . Penalty agreed upon: $1000 fine, probation 2 years. |
| Connecticut | 500 | holding cell | 1-3 months | Not Available |
| Delaware | 575 | 30 days | Varies by Case | Not Available |
| Florida | 150-250 | Varies Widely by Case | 2 years | Not Available |
| Georgia | 1000 | 1yr | Varies by Case | Not Available |
| Hawaii | upto $500 | 1 to 90 days | upto 10 years | Not Available |
| Idaho | 150 Flat unless the perosn presses charges | 2 MAX | 3 YRS | Not Available |
| Illinois | $1k to $5k | Varies Widely by Case | Varies by Case | This is primarily a law about property, as defined in Illinois Statutes, Section 5 of Lewdness, Public Nuisance |
| Indiana | 500 | 3 months | 1-2 years | community service,drug classes, suspended license |
| Iowa | 250 | up to 30 days | Varies by Case | Not Available |
| Kansas | not less than $300 nor more than $1,000 | confinement in the county jail for a term of not more than six months | Varies by Case | or a combination of the fine and jail time. |
| Kentucky | $500 fine | max 90 days | 2 years | CS |
| Louisiana | 500 | three months | Varies by Case | Not Available |
| Maine | 500 | 6 months | Varies by Case | Not Available |
| Maryland | 250-500 | Suspended 60 days | 2 years | Not Available |
| Massachusetts | 600 dollars | 30 days | 2-5 years | $500 bond |
| Michigan | $200 - $1500 | 15 months | 2 years | Not Available |
| Minnesota | up to $500 | maximum penalty of three months | 2 years | Not Available |
| Mississippi | 500-2000 | 3 months-1 year | Varies by Case | Not Available |
| Missouri | N/a | Varies Widely by Case | Varies by Case | Not Available |
| Montana | 1st offense - $500; 2nd offense - $1,000; 3rd offense - $10,000 | 1st offense: - up to 6 months in jail, 2nd offense - up to 1 year in jail; 3rd offense - no less than 5 years and no more than 100 years in the state prison | Varies by Case | Not Available |
| Nebraska | $500 maximum | 3 months maximum | Varies by Case | Not Available |
| Nevada | maximum fine of $2,000 | imprisonment in the county jail for not more than 1 year | no standard probation but may be substituted for jailtime in first offense | second time offenders must enroll in state sexual offender program |
| New Hampshire | $150-250 | 10 days suspended | 4 years | Not Available |
| New Jersey | $1000-$7500 | up to 18 months | Varies by Case | $7500 Crime of 4th degree if: Exposure of intimate parts to arouse or gratify sexual desire of defendant or another where expects to be observed by child less than 13 yrs. |
| New Mexico | 250-500 | 30-90 days | 3 years | CS |
| New York | Up to $500.00 | Maximum of 3 Months | Varies by Case | Megan's Law registration if determined by judge. |
| North Carolina | Upto $10000 | 2 years | Varies by Case | Not Available |
| North Dakota | 250-300 | max 1 year | 1 year | Not Available |
| Ohio | $100+ | Suspended 30 days | 2 years | Not Available |
| Oklahoma | up to $500 | up to 90 days | Varies by Case | Not Available |
| Oregon | up to $500 | up to 90 days | up to 6 months | Judge may order community service. |
| Pennsylvania | 1000 | 90 days in jail | 2 years | Not Available |
| Rhode Island | 500 | 1 month | 6 months | Not Available |
| South Carolina | Discretion of court | up to 3 years | Varies by Case | Not Available |
| South Dakota | 150-500 | 60D-6m's | 2 years | Not Available |
| Tennessee | $500-$1500 | Up to 11 Month 29 days | Varies by Case | 3rd Offense gets up to 11 Mos 29 days jail time and up to a fine of $1500 |
| Texas | up to 1200 | up to 30 days | 2-7 years | Not Available |
| Utah | up to 500 | between one and 90 days | 2-3 years | Not Available |
| Vermont | Not more than $300.00 | Imprisoned not more than five years | Probation or parole shall be granted or ordered in the case of a person infected with a venereal disease only on such terms and conditions as shall insure medical treatment therefor and prevent the spread of such disease. | Not Available |
| Virginia | 500 max | max 3 months | 2 years | CS |
| Washington | 1000 | 90 days | Varies by Case | Felony |
| West Virginia | up to $500 | up to 3 months | Varies by Case | Judge may order community service at his/her discretion. |
| Wisconsin | 500 | maximum penalty of three months | Varies by Case | CS |
| Wyoming | 150-250 | 2 week to 30 days | 3-5 years | Not Available |
