Charged with public indecency in Georgia?

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public indecency

Indecent exposure is otherwise known as the crime of public indecency in the state of Georgia. It is considered a sex crime and a conviction of public indecency can have a lasting effect on your life. It can be downright damaging. Not only can being charged and convicted of public indecency stain your reputation and possibly land you in jail, anyone convicted of a sex crime will more than likely be required to register as a sex offender for the rest of their life. In turn, where you live, work and travel will be restricted.

Public Indecency Laws in Georgia & Penalties

Georgia Law O.C.G.A. 16-6-8 states that a person commits the offense of public indecency when he or she performs any of the following four acts in a public place:

  1. An act of sexual intercourse;
  2. A lewd exposure of the sexual organs;
  3. A lewd appearance in a state of partial or complete nudity; or,
  4. A lewd caress or indecent fondling of the body of another person.

Further, a “public place” includes jails/penal and correctional institutions or the state and its political subdivisions. Under O.C.G.A. 16-1-3(15), a public place is any place where the conduct involved may reasonably be expected to be viewed by people other than members of the actor’s family or household and “lewd” has been defined as an act so notorious and indecent that it “corrupts community morals.”

The punishment for public indecency is up to 1 year in prison for the first offense, which would be classified as a misdemeanor. A third or subsequent violation would result in punishment of 1 to 5 years imprisonment, which would be classified as a felony. You may also be required to register as a sex offender under O.C.G.A. 42-1-12.

Fighting a Charge of Public Indecency

An important question to ask when fighting a charge of public indecency is: what was your intent? Remember, public indecency requires an intentional act of prohibited sexual behavior (the exposure of one’s private areas in public). Thus, a possible and strong defense in your case may be to provide evidence that the act you are charged with committing was unintentional or an accident. An example would be if you were enjoying yourself at a pool party and one of your friends comes from behind you and pulls your swimming trunks down in front of everyone, which would not be an intentional sexual act of exposure on your part.

Another possible defense is to prove that the act did not occur in public as required by the statute. However, keep in mind that you can still be charged with public indecency even if the alleged sexual conduct was done in your home. An example would be, if you stood in front of an open window where others could possibly see you.

In the case of Hester v. State, 164 Ga. App. 871 (1982), the defendant admitted to being a thrill seeker. He would come home from work, take off all of his clothes and expose himself in front of a window inside his residence. The Georgia Court of Appeals affirmed his conviction for public indecency, stating that although the act was committed in his private residence it still constituted public indecency because he could easily be seen from a nearby highway.

Contact Bixon Law

If you or someone you know has been charged with public indecency, call Bixon Law. Michael Bixon represents clients in Atlanta and throughout the state of Georgia. He is committed to helping his clients through difficult situations and working to get them the best possible outcome. If you are facing criminal charges of any kind, we invite you to call us at 404-551-5684 for a free consultation today.