Definition of Indecent Exposure
The definition of this crime allows it to be charged under a number of different factual scenarios. For example, imagine that you are sitting in your living room one afternoon. You hear a knock at the door. When you open the door to see who it is, there is no one there. You look outside and discover that the knock came from the neighborhood kids trying to play a prank on you. The kids are standing down the street laughing at you. Annoyed, you try to “get them back” by pulling down your pants and flashing them. The kids run home and tell their parents, who decide to call the police. When the police show up, you will be charged with indecent exposure, as well as other crimes.
Sentencing for Indecent Exposure
Punishment and sentencing for being found guilty of indecent exposure depends entirely upon the age of the person(s) you flashed. If the alleged victim of your exposure is under the age of 16, you will be sentenced to a Misdemeanor of the first degree. For a conviction of exposure to someone over the age of 16 is a Misdemeanor of the second degree.
Defending Your Case Against Indecent Exposure
Defending against Indecent Exposure charges may be difficult depending on the facts of your case. The primary defense will be that you did not actually expose yourself. You may also be able to argue that you did not expose yourself in a public place. However, this defense will depend on how the Court has defined “Public” in relation to Indecent Exposure charges.
Often times, the defense becomes a “he-said-she-said” defense. In other words, someone says you exposed yourself and you say you did not. In this situation, your likelihood of winning at trial depends entirely upon who the judge or jury fines more credible. It becomes very important for you to nail down witness and victim testimony as early in the stage as possible.
What to do if Charged with Indecent Exposure
Your first opportunity to hear the case against you will be at your Preliminary Hearing. This is also your first opportunity to record testimony under oath. Do not wait to hire an attorney. Using contradictory testimony is one of the best ways to destroy a he-said-she-said argument.
Give me law office a call at (412) 209-0657 so that we may begin forming your defense and helping you through the confusing Criminal Process as soon as possible.