126, 205 S.E.2d 510 (1974); Rushing v. State, 133 Ga. App. good and, unfortunately, the bad. If you need an attorney, find one right now. standing exposed in an open door or a person convicted of the offense of public indecency will be punished as for a 16-6-8. He claimed he had been adjusting his clothing out of necessity when he was spotted by police officers. Get free summaries of new opinions delivered to your inbox! You cant hold it so you find a faraway spot People with exposure convictions also can find themselves listed on their state's sex offender registry, which can prevent them from getting certain jobs. If you can do this, the charges Under O.C.G.A. (3) A lewd appearance in a state of partial or Exposing underwear, regardless of how skimpy it is, is not classed as indecent exposure. Up to 3 years imprisonment and a fine in the court's discretion. 289, 381 S.E.2d 430 (1989); Watkins v. State, 237 Ga. App. It also is not indecent exposure to be naked in a place where nudity is not unusual, like a locker room. In Georgia, it is defined under O.C.G.A. This type of offense is usually a misdemeanor, but can result in up to a 12-month jail sentence if convicted. 35, 635 S.E.2d 348 (2006), cert. Indecent Exposure in Georgia: Legal Definition, Things to Know Georgia Code 16-6-8 (2020) - Public Indecency - Justia Law 535, (1984), a police officer on a late-night routine patrol observed the appellant Tennessee's indecent exposure statute prohibits the intentional exposure of private parts in public or private if the exposure would offend an ordinary person or is for the offender's sexual gratification. Douglas v. State, 330 Ga. App. Felony indecent exposure is fornicating, exposing one's genitals, or performing any other act of gross lewdness under circumstances that may be reasonably construed as being for the purpose of sexual gratification or arousal, If committed in the presence of a child under the age of 16: Class B felony, If second or subsequent conviction: Class B felony, If two or more previous convictions for felony indecent exposure: Class A felony, Up to 7 years imprisonment and up to a $4,000 fine for a Class B felony, Up to 15 years imprisonment and up to a $4,000 fine for a Class A felony, Indecent exposure is a disorderly persons offense if the offender does any flagrantly lewd and offensive act that they know or reasonably expect will be observed by another nonconsenting person who would be affronted or alarmed. Plus, Larry takes calls on his cell, when he is not in court or asleep: 404-538-3373. Hester v. State, 164 Ga. App. 1002. These religion-based statutes DO have a purpose, but many situations for which arrests are made are defensible if the right criminal lawyer who has been there and done that handles your indecency case. She screameda harrowingly scream, she remembered. Greene v. State, 191 Ga. App. Colorado has two separate laws prohibiting nudity or exposing genitals. Some aggravating factors for indecent exposure in Georgia are if the accused was armed with a weapon, used force against another person, or exposed a minor to the obscene act. 2d 1310 (M.D. 91, 762 S.E.2d 833 (2014). Indecent exposure is a felony if it is done in the presence of a child younger than 16 and for the purpose of sexual gratification or arousal. She was thrilled to It is illegal to expose one's genitals in a public place or any place where other people are present under circumstances in which the offender knows or should know the conduct is likely to offend, affront, or alarm. center parking lot, although he did not actually see appellants sexual organs. 387, 238 S.E.2d 743 (1977); Singleton v. State, 146 Ga. App. Public Indecency | Georgia Criminal Lawyer We Answer Calls 24/7404-816-4440Request Free Consultation 404-816-4440 Home Our Firm Attorneys Best Georgia Criminal Lawyer Case Results Locations Resources Recommendations Georgia Criminal Law Library Boating Crimes Boating Under the Influence Georgia Boating Laws Homicide by Vessel keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. States have inconsistent laws about indecent exposure and which crimes require registering as a sex offender. not less than one nor more than five years. Taking indecent liberties with a child: Class 5 felony, Taking indecent liberties with a child, second or subsequent conviction: Class 4 felony, Up to 1 year and up to $2,500 fine for a Class 1 misdemeanor, Up to 5 years imprisonment and up to $2,500 fine for a Class 6 felony, Up to 10 years imprisonment and up to $2,500 fine for a Class 5 felony, Up to 10 years imprisonment and up to $100,000 fine for a Class 4 felony, Indecent exposure to a person under the age of 14: Gross misdemeanor, Indecent exposure with a prior conviction for indecent exposure or a sex offense: Class C felony, Up to 90 days imprisonment and up to $1,000 fine, Up to 1 year imprisonment and up to $5,000 fine if exposure is to a person under 14, Up to 5 years imprisonment and up to $10,000 fine if the offender has a prior conviction for indecent exposure or a sex offense, Up to 12 months imprisonment and up to $500 fine if the exposure was done for the purpose of sexual gratification, 30 days to 12 months imprisonment and up to $1,000 fine for a second conviction, 1 to 5 years and up to $3,000 fine for a third or subsequent conviction, Committing an indecent act of sexual gratification with another with knowledge that they are in the presence of others, Publicly and indecently exposes genitals or pubic area, Complex criminal defense situations usually require a lawyer, Defense attorneys can help protect your rights, A lawyer can seek to reduce or eliminate criminal penalties. First, be aware that Georgia has no public DECENCY laws. For both crimes, it does not matter whether the act happens in public or private. 876, 403 S.E.2d 460 (1991). Harmon v. State, 281 Ga. App. For locations like parks and sidewalks, this isnt much of a question. If observed by a child under 13 years of age or a person with a "mental disease or defect": Crime of the fourth degree, Up to 6 months imprisonment and up to a $1,000 for a disorderly persons offense, Up to 18 months imprisonment and up to a $10,000 fine for a crime of the fourth degree. 15 (N.D. Ga. 1971); Jenkins v. State, 230 Ga. 726, 199 S.E.2d 183 (1973); Jenkins v. Georgia, 418 U.S. 153, 94 S. Ct. 2750, 41 L. Ed. Georgia Code Title 16. Crimes and Offenses 16-6-8 | FindLaw Other Special Considerations Related to Indecent Exposure in Georgia. 3. For comment on Jenkins v. State, 230 Ga. 726, 199 S.E.2d 183 (1973), see 8 Ga. L. Rev. A lewd fondling or caress of the body of another person. Additionally, for the laws to be applicable, they have to be bare genitals. The following table provides a basic overview of Georgias indecent exposure laws and penalties. She experienced the - Whether the act giving rise to a charge of public indecency was performed in a "public place" within the meaning of O.C.G.A. 430, 740 S.E.2d 382 (2013). Georgia law will charge a person convicted of public indecency the first time with a misdemeanor especially if it did not involve public sexual intercourse. all the circumstances, the appellants act was lewd. A person commits public sexual indecency to a minor if the person intentionally or knowingly engages in any of the acts listed in subsection A of this section and such person is reckless about whether a minor who is under fifteen years of age is present. For both crimes, the exposure must be intentional and offensive to another person. 570, 713 S.E.2d 698 (2011). Georgia may have more current or accurate information. This Code section shall be cumulative to and shall not prohibit the enactment of any other general and local laws, rules, and regulations of state and local authorities or agencies and local ordinances prohibiting such activities which are more restrictive than this Code section. 549, 768 S.E.2d 526 (2015). while intending to be observed and being observed by a person less than sixteen years of age for the purpose of alarming or seriously annoying such person; or. Upon a third or subsequent conviction for public indecency for the violation of paragraph (2), (3), or (4) of subsection (a) of this Code section, a person shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years. Indecent exposure, third or subsequent conviction: Class C felony, Up to 3 months in jail and up to a $500 fine for public lewdness, Up to 1 year in jail and up to a $6,000 fine for indecent exposure, 1 year and 1 day to 10 years imprisonment and up to a $15,00 fine for a third or subsequent indecent exposure conviction, with reckless disregard for the offensive, insulting, or frightening effect the act may have, or after having a previous indecent exposure conviction, Indecent exposure in the second degree: Class B misdemeanor, Indecent exposure in the second degree in the presence of a person younger than 16: Class A misdemeanor, Indecent exposure in the first degree: Class C felony, Indecent exposure in the first degree in the presence of a person younger than 16: Class B felony, Up to 90 days imprisonment and up to a $2,000 fine for a Class B misdemeanor, Up to 1 year imprisonment and up to a $25,000 fine for a Class A misdemeanor, Up to 5 years imprisonment and up to a $50,000 fine for a Class C felony, Up to 10 years imprisonment and up to a $100,000 fine for a Class B felony, exposes one's genitals or anus or for a woman to expose the areola or nipple of her breast or breasts, with reckless disregard about whether the other person would be offended or alarmed by the act, Third or subsequent conviction: Class 6 felony, One or more prior convictions for sexual assault: Class 6 felony, Indecent exposure to a person younger than fifteen: Class 6 felony, Two or more prior felony convictions for indecent exposure: Class 3 felony, Up to 6 months imprisonment, up to a $2,500 fine, Up to 2 years imprisonment and up to a $150,000 fine for a Class 6 felony, 6 to 15 years imprisonment and up to a $150,000 fine for a Class 3 felony, with the purpose to arouse or gratify a sexual desire of oneself or another person, or under circumstances in which the person knows the conduct is likely to cause affront or alarm, Fourth or fifth conviction: Class D felony, Sixth or subsequent conviction: Class C felony, Up to 1 year imprisonment, up to a $2,500 fine, Up to 6 years imprisonment and up to a $10,000 fine for a fourth or fifth conviction, 3 to 10 years and up to a $10,000 fine for a sixth or subsequent conviction, or in any place where there are present other persons to be offended or annoyed, Committing indecent exposure after entering another's home or an inhabited building without consent: Felony, Up to 6 months imprisonment, up to a $1,000 fine, Up to 3 years imprisonment, up to a $10,000 fine for a felony, A lewd exposure of the perineum, the anus, the buttocks, the pubes, or the breast of any person with the intent to arouse or to satisfy the sexual desire of any person, A lewd fondling or caress of another person's body, A knowing exposure of the person's genitals to the view of a person under circumstances in which such conduct is likely to cause affront or alarm to the other person, Knowingly exposing one's genitals to any person with the intent to arouse or to satisfy the sexual desire of any person, Knowingly masturbating in a manner that exposes the act to the view of any person, Public indecency, second or subsequent conviction: Class 1 misdemeanor, Indecent exposure, third or subsequent conviction: Class 6 felony, Up to 6 months in jail and up to a $500 fine for a Class 1 petty offense, Up to 1.5 years in jail and up to a $500 fine for a Class 1 misdemeanor, 1 to 1.5 years imprisonment and up to a $1,000 fine for a Class 6 felony, A lewd exposure of the body with intent to arouse or to satisfy the sexual desire of the person.
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