Public indecency is considered a sexual offense in Georgia. It is generally treated as a misdemeanor, depending on the circumstances of your case and your criminal history. Keep reading to learn more about the offense of public indecency.
Public Indecency in Georgia
A person commits the offense of public indecency when they perform 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 term “lewd” refers to any indecent sexual matter. Indecent sexual matters include any act that corrupts the “morals of the community” or moves away from a community’s morality norms. Acts that are considered to move away from community morality norms are left to a jury to determine.
What are the Elements of Public Indecency?
The elements of an offense are the different factors that the State must prove beyond a reasonable doubt to secure a conviction on a particular charge. For the offense of public indecency, the State must prove the following:
- The Defendant intentionally;
- Engaged in sexual intercourse; or
- Exposed their sexual organs; or
- Was partially or completely nude; or
- Fondled another person’s body; and
- The act occurred in a public place.
What Counts as a “Public Place”?
The Georgia Court of Appeals has found that a public place includes, but is not limited to, shopping center parking lots, apartments, jails, and other correctional institutions.
Being in a private space and purposefully exposing yourself to the public can also support a public indecency charge. For example, in Hester v. State, the Georgia Court of Appeals found evidence that the Defendant would come home from work, pull off their clothes, and become exposed in front of the window “[j]ust to get a thrill” was sufficient to support a conviction for public indecency, although the Defendant committed the act in a private residence. However, the Georgia Court of Appeals has noted that if the Defendant is in their apartment, the State must show that the Defendant could be seen from outside of the apartment.
Also, a Defendant can convert a private zone into a public place if they reasonably expect their nudity to be viewed by others. In Greene v. State, the Defendant appeared nude in the presence of a teenage female babysitter in the marital bedroom and bathroom of his home. In that case, the Defendant, by his own behavior, converted his bedroom and bath from a private zone to a public place, supporting his public indecency conviction.
Penalties
The offense of public indecency is punished as a misdemeanor. The consequences for a misdemeanor public indecency conviction could include a fine that cannot exceed $1,000.00 or imprisonment for no more than 12 months. However, after a person’s third public indecency conviction, they are charged with a felony and can be punished by imprisonment for no less than one year and no more than five years.
Defenses
There are several public indecency defenses that your criminal defense attorney can argue based on the facts of your case, including:
- Not a Public Place: The offense of public indecency requires that the accused person expose themselves in a public place. If the place where the indecent exposure happened was private, then the elements of public indecency have not been met.
- Not Intentional: To support a conviction for public indecency, the indecent exposure must be intentional. If the exposure was an accident, then the elements of public indecency have not been met.
Why You Need a Lawyer for a Public Indecency Offense
For a place to be considered “public” and whether an act is “lewd” depends on the circumstances and facts of each case. It is important that you have an experienced defense attorney who will complete the necessary investigation and examine all the facts to ensure you are not wrongfully convicted of public indecency.
Have Questions? Give Me a Call.
If you or your loved one is charged with public indecency, I am here to help. I have decades of experience representing people charged with misdemeanors, and I will make sure you receive the best defense possible. If you need legal help, give me a call today!