Georgia Public Indecency Defense Lawyer
This offense involves exposing your private areas or committing lewd acts in public places. While public indecency may be less serious than other sex crimes, it can still have serious consequences – particularly for repeat offenders. Many localities have their own ordinances governing indecent behavior, so laws may vary by region. However, the state of Georgia has its own law prohibiting public indecency.
What Is Public Indecency in Georgia?
According to the state statute (O.C.G.A. 16-6-8), a person has committed the offense of public indecency when he or she performs any of the following acts in a public place:
An act of sexual intercourse;
A lewd exposure of the sexual organs;
A lewd appearance in a state of partial or complete nudity; or
A lewd caress or indecent fondling of the body of another person.
(The law specifically states that jails and state penal and correctional institutions count as public places.)
A first or second conviction for public indecency is considered a misdemeanor. However, a third or subsequent conviction will be treated as a felony and carries a prison term of one to five years.
Georgia Public Indecency Defenses
It is the burden of prosecutors to prove beyond a reasonable doubt that a crime took place. They must establish every element required by the law. In many instances, there are defense strategies that can prevent the prosecution from proving its case. While every case is different, common defenses include:
The exposure was accidental:
If you accidentally expose yourself and quickly take action to cover up, this should not count as lewd exposure. For example, if you are in the ocean and your swim trunks are swept off – and you do not subsequently parade around the beach nude – you should not be charged with a crime.
I was not in a public place:
The crime of public indecency only involves exposure or lewd acts in a public place. Sometimes the definition of “public place” can be debatable. Courts have found that being in front of a window in your own home can qualify as being in public. Conversely, there are public facilities, such as bathrooms and locker rooms, where you will not be arrested for exposing yourself. If you were accused of public indecency for an act in a private place where you reasonably believed you would not be seen, you have a viable defense.
Georgia Public Indecency Non-Defenses
While many defenses may apply, there are some that will not hold up in court. These include:
I did not mean for anyone to see me:
If you expose yourself or commit a lewd act in a public place, without the express intention or expectation of being seen by others, you may still be guilty of public indecency. For example, if you expose your penis while urinating in a parking lot, you can be charged with a crime.
I was in my own home:
While a person's house may seem like the ultimate private refuge, it is possible to commit public indecency from the comfort of your own home. One Georgia court found a man guilty of public indecency because he regularly exposed himself – for the thrill of it – in front of a window of his home that faced a busy highway.
I was drunk:
Voluntary intoxication (in which a person willingly gets drunk) is rarely a defense to any crime. While intoxication may be the reason for a person's ill-advised actions, it is not considered a legal justification.
Let Our Sex Crimes Defense Team Help You
Don't let a false accusation or a few seconds of poor judgment put a black mark on your life. The Berry Law Group has a history of fighting aggressively for our clients. Attorney Kimberly Berry has years of experience dealing with Georgia prosecutors and will do everything in her power to get you the best outcome possible, whether that means a case dismissal, a satisfactory deal, or a court trial. Contact us today for a free assessment of your case. Any criminal charges – even for a misdemeanor – should be taken very seriously. It is critical that you have the best possible legal representation as soon as possible.