What is Public Indecency, and What Are the Laws, Charges, and Penalties?

Public indecency concerns acts that involve sexual activity or nudity when they are in view of the public. The goal of public exposure is usually to offend, shock, or cause excitement among the audience. Laws regulating public behavior to maintain moral standards go back to ancient times. As early as the 15th century, laws governed the nature of wear to preserve modesty. 

Over time, societal norms have changed along with interpretations and applications of the statutes. This indicates a changing attitude toward expression, privacy, and sexuality. That said, there are current laws about the exposure of genitals, sexual acts, community standards, and performances. 

What is Public Indecency?

Public indecency encompasses lewd acts performed in public that are deemed inappropriate for public viewing. This term includes behaviors such as indecent exposure, public sexual acts, and lewdness. Although the specifics can vary by jurisdiction, public indecency laws generally cover acts that offend public decency, even in areas where they may not be explicitly illegal by statute.

Public Indecency Meaning

Public indecency is an umbrella term that is meant to cover lewd acts that have been performed in public. It is an act of physical exposure considered inappropriate for the public's view. There are three acts that may be included under the term public indecency. 

These are indecent exposure, sexual intercourse or self-pleasure in public, and lewdness. Even in areas where they are not specifically illegal, the acts are viewed as inappropriate. That said, the umbrella law covering indecency typically covers regions not mentioned by statute but are cases of public exposure. 

What Counts as Public Indecency?

Public indecency laws also depend on the court's jurisdiction. In California, public exposure entails lewd and willful sexual acts in an open area. It also means exposure of the person’s private organs. Thirdly, it can mean engaging in sexual intercourse or masturbation in a public space. Per Wisconsin laws, lewd behavior is determined as engaging in an act of sexual gratification with another party in the presence of others. 

Obscene gestures are also considered lewd behavior, depending on the state of residence. These are positions or movements of the limbs to make offensive statements or insults. Most are sexually suggestive. 

Is Public Indecency a Crime?

Acts of lewd acts in public are illegal in all parts of the United States. In certain areas, though, the prosecution has to prove that the alleged offender intended to cause offense or engage in sexual gratification. For example, public nudity is not expressly prohibited in states like Vermont. 

However, it does have laws against gross lewdness and lascivious behavior. In New York, though, public indecency is considered a crime. That is when an individual who is 19 years or older intentionally exposes their private parts with the intent of being seen by an individual who is a minor for alarming or annoying them. 

Public Exposure Laws by Jurisdiction

Though public exposure is illegal in every state in the United States, the interpretation might vary according to the law. There are stricter definitions for public exposure in some states. For example, public sexual acts in California are not considered a crime technically. The state has to prove that the defendant knew other parties were present to be guilty of the crime. For the majority of states, though, accidental public exposure of the genitals is not a crime and can be defended in court. 

Laws concerning public exposure also vary across the globe. Some countries, like France, Croatia, the Netherlands, Spain, and the United Kingdom, have lax regulations regarding public indecency. Croatia, for example, has a well-developed naturist culture, so it does not necessarily have legal considerations against nudity. People in the country are free to roam public places naked. This does not necessarily mean that sexual acts that offend will not be met with resistance from the law, though. 

However, someone perpetrating these crimes will more likely be arrested for a minor offense, such as being disorderly or causing a disturbance. In the Netherlands, one can walk on the street in one's birthday suit, acting normally and not disturbing anyone’s activities. 

What is Indecent Exposure?

Indecent exposure makes it a crime to intentionally display private parts given to the public so that other people are offended. The motive may be different depending on the person, but indecent exposure is typically committed for sexual gratification. The difference between indecent exposure and public indecency is about whether the genitals were displayed or not.

For a person to be charged with public indecency, an intimate part of the body that might not be private must be exposed. That is exposure with the intent to cause arousal. For indecent exposure, both the exposure of genitals and intent to cause arousal have to be present for there to be a charge. 

What is a Public Indecency Charge?

Public indecency charges are criminal offenses that entail performing an act in public that is seen as offensive or inappropriate to other people. These activities can involve sexual activity or nudity. The person committing these offenses intended to offend or to cause arousal. 

When facing public exposure charges, there are some facts that one has to consider. The first depends on the state; the law might not distinguish between public and private locations. That means the individual does not have to commit the act in a completely public area for them to be convicted of the crime. 

What is the Punishment for Public Indecency?

A person convicted of lewd acts in public may be subject to particular penalties. Generally, public indecency is viewed as a misdemeanor crime in the eyes of the law. However, it also depends on how often a person has been found guilty of the same offense. 

Consecutive cases of lewd acts in public result in a harsher penalty from the courts. The courts punish public indecency according to the situation, though grievous crimes may attract harsher penalties. It also depends on the jurisdiction in which one has done the crime. Some states have lenient penalties, while others are more likely to impose jail time. 

Public Exposure Penalty and Sentence

As a misdemeanor, lewd acts in public is considered a minor crime. The penalty for conviction may involve jail time, probation, community service, or registration as a sex offender. The fines may also vary, depending on the state and the circumstances of the offense. Most charges typically begin at $1,000. Jail time is rarely given, but it would be a low sentence if meted out at less than three years in most states. In other areas, it may incur prison time and deportation if the person is a tourist. 

Probation is also possible as an alternative to being sent to jail. This could be a term of one to three years. For community service, the courts often require service as part of the probation. The defendant volunteers for a charity or city program for several hours. Finally, sex offender registration is issued to individuals whose public indecency case involves exposure to a child. 

Common Public Indecency Examples

Public indecency has been defined as acts that involve open exposure of private organs for sexual arousal or to cause shock. However, it can also include other acts done for intimacy given to the public. Public displays of affection between couples can be viewed as lewd acts in public. Similarly, urinating in public or streaking naked across a sports stadium full of dans is also a form of public indecency. 

Public Exposure Cases

In 2009, concerning the United States v Ferguson case, 68 M. J. 431. The accused pled guilty to the charge of indecent exposure and admitted to the act of self-pleasure in front of a webcam while transmitting live images to a party he believed to be a 14-year-old boy. The judge held there was no substantial basis in law to go against the appellant’s plea.

In the case of the United States v Griggs, 51 MJ 418, there was evidence of indecent exposure that was sufficient, showing victims testified that the appellant positioned their body in each instance where their trouser was unzipped and he was not wearing innerwear. This resulted in a conviction of Griggs.

In Miller v California, in 1972, the offender, after conducting a mass mailing campaign for advertising the sale of adult material, was convicted after violating a California statute against the distribution of obscene items. The decision by the courts was that obscene materials did not enjoy the protection of the First Amendment. The court also modified the test for obscenity as established according to Roth v United States. 

Defenses to Public Indecency Charges

It is possible to mount a defense against public indecency in court. One way is to claim the act was done by mistake, not intentional, and that there was no desire for the incident to occur. Engaging in public exposure may occur without realizing that other parties are viewing or present. 

One will have to prove that there was no criminal intent by exposure or engaging in sexual acts. The reason is that most states tie the crime of lewd acts in public to the purpose of doing the activity. The other defense is that the person did not expose the private area, or there is insufficient evidence to prove that the act was performed. 

Mitigating Factors in Public Indecency Sentencing

Mitigating factors presented by an attorney in court can reduce the offender’s guilt level or the sentence's severity. A criminal defense attorney can argue specific contexts that will help convince the judge towards leniency in sentencing. These include the following. 

A lack of prior criminal history is a good start because it can be claimed that the offense was out of character for the convicted offender. Similarly, evidence showing the incident happened without the intention to cause shock, offense, or arousal can be grounds for the dismissal of the case altogether. The reason is that most public indecency laws are set on the premise of intentional exposure of private organs. 

Mental health issues on the part of the defendant can also influence the decision of the judge when it comes to sentencing. A person with mental health issues can be rehabilitated to an institution or counseling sessions rather than being sent to prison. 

Public indecency and indecent exposure have often been used interchangeably in conversation, but they do not mean the same thing. Public indecency is the exposure of intimate or private organs with the goal of sexual arousal or to offend. It can also entail lewd acts or obscene body activities. Indecent exposure, though, is meant for sexual gratification. 

Public indecency is considered a crime in every state, but it is not legal overseas. Particularly in Europe, some countries allow for nudity provided it does not interfere with anyone’s life. That said, public indecency does attract minor penalties as it is considered a misdemeanor crime. In court, it is possible to defend a public indecency crime by indicating that the act was not done intentionally or to cause sexual arousal to the members of the public.

FAQ

Is Public Exposure a Felony?

No public indecency is not a felony. It is considered a misdemeanor, especially if it is the first offense committed by the accused.

How Long Can You Go to Jail for Indecent Exposure?

Cases of indecent exposure are punishable by up to 12 months in prison.

What Is the Penalty for Public Indecency?

Public indecency carries a penalty of jail time, probation, fines, or community service, depending on the severity of the offense and the number of times convicted. 

How Much Is a Public Indecency Fine?

The fine for public indecency is generally up to $1,000.