Queens Indecent Exposure Lawyer
If you’re facing indecent exposure charges, it’s understandable to want to put the entire event behind you. In a number of instances, these types of cases, when explained in the proper context, are never as bad as they seem. It could be that you attended a party, had too much to drink and through a few questionable choices, opted to relieve yourself in the park across the street. No matter the details, your first best choice to make after you’ve been arrested is to contact a Queens indecent exposure lawyer. The sooner you can secure representation, the sooner you can finally put the entire event behind you. David M. Mirsky and his team are experts at presenting the facts in such a way that works to our client’s benefit, including having the charges reduced or dropped altogether.
What is Indecent Exposure in Queens?
Indecent exposure is the act of revealing body parts in a public place or anywhere that it would be deemed socially unacceptable and for the purposes of satisfying one’s sexual desires. For the sake of clarity, one’s genitals, butt or a woman’s breasts that are exposed are considered indecent exposure. The one exception is mothers who are breastfeeding a child, in which that law does not apply regardless of where mom nurses her baby. Breastfeeding is not considered lewd conduct, which is why women are free to do it on public or personal property.
The crime is usually a misdemeanor, but when neighbors and others in your community hear of such allegations, life can become a bit more complicated. Neighbors may not want you around their family members as a result of your offenses. Whatever the circumstances are, many clients are embarrassed and are unsure of what to expect simply when they walk out their front doors. It can be overwhelming, but there are legal steps you can take to ensure your reputation isn’t tarnished. People who saw the event might look at you differently, and they could have a mistrust in your sense of morality, but our clients are empowered when they learn they have options. One of those options includes hiring the best Queens sex crimes lawyer to represent them in the courtroom.
What’s the Difference Between Indecent Exposure and Peeping Toms?
These two crimes are significantly different, but it’s understandable how they can be confused. In New York, indecent exposure and peeping toms are both crimes. Unlike indecent exposure, which is exposing one’s genitals, a peeping tom may also expose his genitals, but not necessarily for the thrill of showing off to other people, but instead, for his own satisfaction as he’s photographing or looking into someone’s window. If you are facing a charge for either of these crimes, contact a Queens County criminal defense attorney immediately following an arrest.
In 2014, Stephanie’s Law – originally passed in 2003 – was revised slightly with a new purpose: “The purpose of this legislation is to establish a right of action for damages from the unauthorized invasion of privacy by video surveillance of an individual’s recreational activities in his own home or backyard.” Initially, the law was defined as “…unlawful surveillance” that included:
“installation of an imaging device with no purpose but to surreptitiously view and/or record another person in a bedroom, bathroom, changing room, or other specified room;
…for the purposes of sexual arousal or gratification, the use or installation of an imagining device that surreptitiously views a person dressing or undressing when that person has a reasonable expectation of privacy
…the use or installation of an imagining device to surreptitiously view under the clothing of a person (commonly known as “upskirting”);
…for amusement, entertainment or profit, or to abuse or degrade the victim, the use or installation of an imaging device to surreptitiously record another person dressing or undressing “
The law also put into place the punishments. A person found guilty of any of those crimes will have a class D felony to contend with along with a jail term between 2 and 7 years. If the guilty person is sentenced to jail, he must register with New York’s Sex Offender Registry at the time of his release.
Clearly, there are distinctions between the two crimes, but one thing remains the same: each carries serious penalties after a conviction. That’s why it’s so important to work with a skilled criminal defense lawyer based in Queens County if you are accused. Our team of experienced and qualified criminal law attorneys stand ready to provide to you a formidable defense so that it doesn’t haunt you the rest of your life. Don’t assume that because you’ve been arrested you have no options. We will guide you through the legal system and trial (if necessary) and explain to you what to expect as we move forward with your case. We have years of experience defending local clients, and if our team represents you, we will fight for your rights and help you every step of the way.
Will I Have to Register on the New York Sex Offender Registry?
As the prosecution of sex crimes have evolved over the past three decades, and despite federal laws being passed that play a governing role in the states, for the most part, what constitutes as a registerable offense is left to each individual state. This is one reason why having a qualified Queens legal advocate is so important.
In New York, a sex crime is any type of sexual assault, sexual misconduct, pornography or unlawful sexual behavior. These crimes, if one is convicted, includes a requirement for registration with the state as a sexual offender. Fortunately, indecent exposure in Queens is not one of those crimes because it is not a “registerable sex offense”.
The argument can be made – and in fact has been made in the past – that many of today’s swimsuits and other trendy clothes include a degree of exposure and it’s impossible to police every single instance of questionable display. Still, what’s acceptable on a beach may not be acceptable in a school yard. This would clearly present legal quagmires that could drag on for many years.
We understand the sleepless nights and worries for the future many of our clients have when facing these types of legalities. They want to protect their families, avoid jail and not jeopardize their jobs or their standing in the community. The truth is, it can be challenging – but our Queens criminal lawyers have represented clients charged with indecent exposure for more than twenty years. Contact us today for a complimentary consultation by calling 718-412-8322 or filling out the form on this site. We will meet with you, discuss the specifics of your case and then explore the options you have available. We’ll examine the pros and cons of each option so that you can make the best decision moving forward.