Indecent exposure is defined as the purposeful public display of one’s genitals or sexual organs. In most cases, indecent exposure is committed for the offender’s sexual gratification. Most of the people are generally aware of what indecent exposure is, but are often not aware of just how serious this crime can be. Most of us would agree that it is better that individuals do not expose themselves in public, however, when such conduct does happen, accused individuals deserve the best legal representation possible to fight and defend against the criminal charge.
A defendant may be charged with public indecency if they:
Perform ana ct of sexual intercourse in a public place;
Expose their body with the intent to arouse or satisfy sexual desire; or
Fondle or caress another person in a lewd manner in public.
Under state law, a public place means any location where the conduct in question should be reasonably expected to be viewed by others. In other words, an individual could potentially be charged with indecent exposure or public indecency for an act that occurred on private property even on their own property. For example, a person could face indecent exposure charges after allegedly displaying their sexual organs through a street-facing window.
Indecent exposure and public indecency is charged as a Class B misdemeanor offense in Connecticut. To be clear, this type of misdemeanor charge is still a serious criminal offense that could result in jail time. Under state law, a Class B misdemeanor is punishable by a maximum penalty of up to six months in prison and a $1,000 fine. The penalties that prosecutors decide to pursue in any given indecent exposure case will depend on the nature of the allegations along with the prior conduct of the defendant. The more egregious the indecent exposure is deemed to be, the more likely the defendant is to face the maximum possible criminal penalties.
In order to obtain a conviction in an indecent exposure case, the state must establish all required elements of the crime. Depending on the specific nature of your case, any of the following legal defenses may be available:
Mistake in Identity or Mistake in Fact: One defense against an indecent exposure charge is to assert that the allegations raised against the defendant are simply false either because there has been a mistake in identifying the guilty party or the accuser misstated or misinterpreted the events that actually took place.
Lack of Sexual Intent: Another defense to indecent exposure is lack of sexual intent. As an example, Connecticut typically does not charge the act of public urination assuming there is no sexual element as public indecency.
Lack of Intent to Display Act to the Public: In some cases, lewdness may have been truly unintentional. If, for example, a couple engaged in sexual intercourse or fondling, but displayed the act to the public by accident, they may have a valid defense.
Some individuals mistakenly believe indecent exposure is more like an infraction, where a simple fine is paid and the accused individual moves on. Instead, an indecent exposure charge can cost you significant money and potential jail time. As such, the sooner you or a loved one can speak with a seasoned Indecent Exposure Defense Attorney, the better able you or your loved one will be to fight the criminal charge.
