Per the Nevada Revised Statutes § 201.220, indecent or obscene exposure is a gross misdemeanor if a first offense and a category D felony for each subsequent offense. The widely accepted definition for indecent exposure is to purposefully expose ones genitalia or other portions of the body of a sexual nature. Indecent exposure can take place in a public place or in front of only one person. Relieving oneself in an area not designated for that purpose can also be considered indecent exposure. In Nevada, breastfeeding is not considered indecent exposure.
Indecent exposure is actually a sex offense. If you are found guilty of this type of offense, depending on the circumstances of your particular case, you may even be required to register on the Nevada and United States Sex Offender Registry. The penalties will largely depend on what the court determines was the intention behind the crime. For example, relieving oneself on the side of the road would likely not be considered as serious of an offense as allegedly exposing oneself to a child intentionally. Indecent exposure involving minors is considered a sex crime against a child or lewdness with a child. This can be considered a category A felony.
Sometimes, exposure of the genitalia is done for the purpose of sexual solicitation. If you are being alleged of sexual solicitation, other than the crime of prostitution, you are essentially being accused of accosting someone in order to offer or ask for sexual services. It is not uncommon for police to set up sting operations in places such as public bathrooms in order to catch people in the act of exposing themselves for the purpose of obtaining sexual services.
Penalties will always be catered to fit the nature of the alleged offense. Listed below are some of the possible penalties for indecent or obscene exposure per the Nevada Revised Statutes:
Okabe & Haushalter is a premier criminal defense firm in Las Vegas. We frequently represent clients who have been alleged of sex crimes such as indecent and obscene exposure. We also frequently handle cases involving rape, sexual assault, and sex with a minor. We understand that you want to avoid the penalties at all costs, and our firm’s goal is to help defend your rights and your freedom. Our firm has the experience and the skill necessary to defend you against your charges. At a time like this when your reputation and your future are on the line, don’t risk being represented by a lesser firm. Contact a Las Vegas sex crime lawyer from Okabe & Haushalter!
The indecent exposure law, as it’s sometimes called, is regulated by the California state legislature. Local rules may be different in an effort to exact a more or less strict decency standard, but if it is stricter than the state law, it will be declared invalid.
To be convicted of a crime of indecent exposure, these elements must be proved:
If any one of these element is missing from the prosecutor’s case, charges must be dismissed.
These charges can be harsh depending on circumstances and are considered a sex crime. A misdemeanor will be charged if you expose yourself in a public place, consisting of up to 6 months of jail time, maximum $1,000 fine, and a lifetime obligation to register as a sex offender pursuant to Penal Code 290. Aggravated charges of indecent exposure involve exposing yourself in a lived-in house, trailer, or any other domicile that you enter without permission. In this case, you will be charged with a felony, which can result in up to 16 months to 3 years in a California State Prison, up to $10,000 in fines, and a lifetime duty to register as a sex offender.
Aggressive legal representation is essential for a strong defense in indecent exposure cases. Okabe & Haushalter can handle your case with the utmost professionalism by some of the most experienced lawyers in California. We have handled many high profile cases resulting in successful resolutions for some of the most challenging charges. Our firm can strategically handle your case with legal prowess, stemming from a mastery of the most difficult legal situations.
Call a San Francisco defense attorney if you’ve been charged with indecent exposure.