Indiana law prohibits various kinds of indecent behavior that can lead to severe consequences. Public indecency and indecent exposure are criminal offenses that can result in hefty fines and prison sentences.
If you’ve been arrested for either of these sex crimes in Indianapolis, Indiana, we can help. Contact us at (317) 759-2599. In Suhre & Associates DUI and Criminal Defense Lawyers to schedule a free consultation with an experienced Indianapolis sex crimes lawyer.
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How Our Indianapolis Sex Crimes Attorneys Can Help If You’re Arrested for Indecent Exposure
An indecent exposure charge in Indianapolis, IN can be a serious offense that can have long-lasting and devastating consequences on your life. If you are facing such charges, it is essential to have an experienced Indianapolis criminal defense lawyer on your side who can help you get the best possible outcome.
Here’s how the lawyers at Suhre & Associates DUI and Criminal Defense Lawyers can help:
- One of the first things we will do is investigate the circumstances surrounding the alleged offense. This may involve reviewing police reports, talking to witnesses, gathering evidence, and analyzing any video footage.
- In many cases, prosecutors may be willing to negotiate to reach a plea bargain that can help you avoid the most severe consequences of a conviction. We will speak with them on your behalf to try to obtain a plea deal.
- In the event that your case goes to trial, we will use our experience, knowledge, and resources to argue your case in court. We will make persuasive arguments on your behalf, challenge the prosecution’s evidence, and cross-examine witnesses to cast doubt on their testimony.
For help after an arrest in Indianapolis, Indiana, contact Suhre & Associates DUI and Criminal Defense Lawyers today.
Overview of Indecent Exposure and Related Crimes in Indiana
Below we discuss indecent exposure and public indecency under Indiana law.
Indecent Exposure in Indiana
Indiana law defines indecent exposure as the act of knowingly or intentionally, in a place where there is a reasonable expectation of privacy, engaging in one of the following behaviors in a way that someone else can see them from a public place:
- Engaging in sexual intercourse
- Engaging in other sexual conduct
- Appearing in a state of nudity
- Fondling the genitals of oneself or another person
The intention to be seen is an essential element of this crime, meaning that accidental exposure does not constitute indecent exposure.
Indecent exposure is considered a Class C misdemeanor, which can result in a fine of up to $500 and up to 60 days of incarceration.
Public Indecency in Indiana
Several behaviors are classified as public indecency, including knowingly or intentionally:
- Engaging in sexual intercourse or conduct in public
- Appearing nude in public with the aim of arousing sexual desires
- Fondling the genitals of oneself or another person in public
Public indecency is a Class A misdemeanor in Indiana and carries a potential jail sentence of up to one year and a fine of up to $5,000.
If the offense is committed with the intent to be seen by an underage person or with a prior conviction for the offense, you can be charged with a Level 6 felony for public indecency.
This carries harsher penalties than a Class A misdemeanor, with potential jail time of up to 2.5 years and a fine of up to $10,000.
What Defenses Can Be Raised If I’m Accused of Indecent Exposure in Indiana?
Indecent exposure charges can be harmful to your reputation and have serious consequences, including jail time and fines. Fortunately, there are ways to defend yourself. Some of the most common legal defenses include the following:
Insufficient Evidence
The prosecution must prove beyond a reasonable doubt that the accused acted with intent. If the prosecution lacks sufficient evidence of this intent or if you have an alibi, such as being out of the state or the country when the incident occurred, you can use it as a defense to the charge.
Mistaken Identity
Another possible defense is mistaken identity. It is possible that someone else committed the crime or looked like the accused individual, and they were falsely accused.
Consent
Another defense that may be used in some cases is consent. If the person who was allegedly exposed to indecent behavior was a willing participant, this can be used as a defense.
Entrapment
Entrapment is a defense that can be used when the accused was induced or encouraged to commit a crime that they would not have committed without the influence of law enforcement.
If the accused was coerced or threatened into indecent exposure, this can be used as a defense. However, entrapment is not easy to prove, and it is not a defense in all cases.
Lack of Intent
Lack of intent is a defense that can be used when the accused did not intend to expose themselves in an indecent or lewd manner. For example, if someone exposes themselves while changing by accidentally having their blinds open, this would not be considered indecent exposure.
Schedule a Free Case Evaluation With Our Sex Crimes Law Firm in Indianapolis, IN
Indecent exposure is a serious crime that can have far-reaching consequences. It is essential to be aware of the legal definitions, associated penalties, and possible defenses if you are facing charges.
For help after an arrest in Indianapolis, IN, contact Suhre & Associates DUI and Criminal Defense Lawyers to schedule a free consultation with an Indianapolis indecent exposure attorney.
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