Can I Be Charged with Public Sexual Indecency?

Sexual acts that are discovered by a non-participating party due to reckless or that were committed intentionally for display may be considered public sexual indecency. Many states have included this crime in their criminal codes and if you are caught engaging in this type of behavior in one of those states, you can be charged.

Sexual Acts

The term “sexual act” can lead some people to believe that criminal charges are only applicable when a person is caught engaging in intercourse. However, laws regarding this crime usually include a wide range of acts, including bestiality, oral sex, and sexual contact.

“Sexual contact” is a vague term that is often used without further definition. This can provide room for defensive arguments since you may be charged for contact that a reasonable person would not describe as sexual.

Reckless and Intentional

To be charged with this crime, you should have committed a sexual act that was either reckless or intentional. In most instances, when the term “reckless” is used for legal purposes, it means that a reasonable person should have known better and acted to the contrary. “Intentional” for purposes of this crime usually means that the sexual acts were committed by a person whose motive was being discovered.

Partners

The behaviors that are outlined in public sexual indecency laws suggest that the crime can refer to acts that are committed with another individual or acts that a person commits to herself. The law does not generally state a minimum or maximum number of participants. However, if a person is charged with acts that are conducted to herself, for example, those acts may have been inappropriate but arguments can be raised as to whether they were sexual.

Minors

This charge can be aggravated by the fact that the acts were observed by a minor. The age may be set lower than the legal age of adulthood. For example, a minor may be considered someone who is under 15. In these instances, the charge may be escalated from a misdemeanor to a felony. But, remember being caught by a minor is not enough, your actions should have been either reckless or intentional.

Talk to a Criminal Defense Attorney

Conviction of public sexual indecency can result in fines, incarceration, and you may even be required to register as a sex offender. Since this legislation is often vague, you should contact an attorney immediately if you have been charged with this crime. Professional defense may help you to avoid prosecution.