indecent exposure

It may not be the world’s most serious crime, but if you are accused of indecent exposure, it can be genuinely embarrassing and shameful. You will need to be advised and represented by a Long Island criminal defense lawyer, and you will need to contact that lawyer as quickly as possible.

An indecent exposure charge can apply when someone is accused of “flashing,” urinating, or masturbating in public or when people engage in sexual behavior in a public setting. But in New York, can you be charged with indecent exposure for your behavior on your own property?

If you will keep reading this brief discussion of New York’s indecent exposure laws and your rights, you will learn the answers you may need, and you will also learn how a Long Island indecent exposure attorney can help if you are charged with indecent exposure.

What New York Laws Address Indecent Exposure?

Under New York state law, three different charges address indecent exposure:

1.  Exposure of a person (Penal Law Section 245.01)
2.  Public lewdness (Penal Law Section 245.00)
3.  Public lewdness in the first degree (Penal Law Section 245.03)

The most common reason why people are arrested for indecent exposure is answering the call of nature after too many drinks. A person may be guilty of indecent exposure if he or she can be seen publicly in a way that the person’s “private or intimate parts” are exposed.

The law doesn’t define intimate or private parts, with this exception: For women, intimate or private parts include the “portion of the breast which is below the top of the areola.” The law doesn’t apply to breastfeeding an infant or to plays, exhibitions, shows, or other entertainments.

How Are Indecent Exposure Charges Handled?

Exposure is a “violation” rather than a misdemeanor or felony in New York. This means the charge cannot lead to a criminal conviction or create a criminal record. Violations are penalized with a brief jail sentence or a fine, and in many cases, offenders are sentenced to time served.

That is the state law, although local jurisdictions in New York have the discretion to adopt and enforce stricter indecent exposure laws.

What is the Definition of Public Lewdness?

How is public lewdness defined? Public lewdness in New York happens in these three situations:

1.  When someone exposes the intimate or private parts of his or her body in a lewd manner, or commits another lewd act, intentionally and in public.
2.  When someone exposes the intimate or private parts of his or her body in a lewd manner, or commits another lewd act, on private premises but intentionally and in a way that the person may be seen from a public location or another private location.
3.  When someone exposes the private or intimate parts of his or her body in a lewd manner while trespassing, or commits another lewd act while trespassing, and that person may be observed by the property owner, a tenant, or anyone else who is lawfully on the property.

How Do Public Lewdness Laws Define “Public” Places?

No definition of the phrase “public place” is found in the text of New York’s public lewdness laws, but the courts in this state have determined that “public places,” for the purposes of New York’s public lewdness laws, include but are not limited to:

1.  arenas, theaters, and stadiums
2.  bars and nightclubs
3.  parks
4.  public restrooms
5.  schools
6.  the interior of a person’s vehicle

What if You Were in Your Home?

In New York, any exposure or lewdness in a public place may constitute a violation of the law, but the question “Can you be charged with exposure or public lewdness on your own property?” is more complicated than you may think and can only be answered on a case-by-case basis.

Charges for exposure or lewdness depend on where the “perpetrator” is and the intent of his or her behavior or nudity. Generally speaking, even in our homes, everyone is obligated to refrain from exposure or lewd behavior that may easily be seen from outdoors or from the street.

Intentional exposure or lewd behavior, even in your own home or on your own property, is unlawful if your intention is to be seen by and to shock or offend neighbors or strangers. If others can easily see you exposed or behaving lewdly, you may be charged.

Public lewdness in New York is usually charged as a Class B misdemeanor that may be penalized upon conviction with jail or probation. In some public lewdness cases, the court may also order the offender to attend counseling, receive treatment, or perform community service.

What is First-Degree Public Lewdness?

Public lewdness in the first degree is the charge when the perpetrator of the public lewdness is age nineteen or older and intends to be seen by a person who is under sixteen years old.

Public lewdness in the first degree is a Class A misdemeanor that may be penalized upon conviction with jail or probation. Again, in some cases, the court may also require counseling, treatment, or community service.

A conviction for exposure, public lewdness, or first-degree public lewdness does not require registration as a sex offender under New York’s Sex Offender Registration Act.

How Can You Fight Exposure or Lewdness Charges?

In public lewdness and indecent exposure cases, sometimes mental illness or intoxication may be offered as a defense or offered as a mitigating circumstance. In many cases, an offender with no previous convictions may be sent for treatment or ordered to perform community service.

If you are charged with exposure or public lewdness and you are innocent, make your innocence clear from the start to your Long Island indecent exposure attorney. Your lawyer will fight for your acquittal and will ensure that your case is brought to its best possible outcome.

If you have been charged with public lewdness or indecent exposure on Long Island or in New York City, put a Long Island criminal defense lawyer to work for you as quickly as possible after you’ve been charged with one of these crimes.

After reviewing the charge, your lawyer will explain how the law applies in your own case, outline your options, and develop the most effective possible defense strategy on your behalf. If you are charged with any of these crimes, seek a defense attorney’s advice and services at once.

Among the several offenses against public sensibilities in New York is the crime of indecent exposure. As much as it is often classified as a misdemeanor, the public’s perception of it makes it feel like a highly heinous crime.

But the fact is that your life and career can suffer the blow of such a conviction. There are various approaches to fighting an indecent exposure charge, but the success of your defense depends on the legal expert you choose to work with. A Long Island criminal justice attorney can use their expertise to defend you and keep your record clean.

What Constitutes Indecent Exposure in Long Island?

Indecent exposure is often confused with acts of lewdness. But indecent exposure is simply showing up in public and exposing your genital parts. On the other hand, lewdness involves further offensive actions in addition to being exposed. The offense can graduate to sexual assault if you go ahead and touch an onlooker.

Also, people that facilitate other people to show off their private parts can be found guilty of indecent exposure. Women are forbidden from showing the breasts from the area below their upper areola. Therefore, showing some cleavage is not illegal in New York.

Breastfeeding mothers are excluded from these charges. People in performing arts are also excluded depending on the restrictions of the county or city governments. A Long Island indecent exposure attorney can enlighten you on whether you are subject to those restrictions.

Can I be Convicted if I Was Not in Public Place?

New Yorkers are forbidden from exposing their private genitals anywhere a substantial group of people or the public has access. So, you cannot be convicted if the exposure happened in a personal space. It will be easier to build your defense if you weren’t arrested in a:

• Lobby
• Hallway
• Playground
• Park
• Place of amusement
• School
• Transportation facility
• Highway

How Can I Defend Myself if it Was a Mistaken Identity?

It is possible to be mistaken and charged for indecent exposure in New York. If the victim mistakenly identified you as the perpetrator, you could produce evidence that disputes their allegations. A Long Island indecent exposure attorney can guide you on gathering the proof, depending on the situation.

It would help if you showed that the victim’s perception of what really happened is unreliable under the circumstances. For example, this can apply in cases where the person had no clear vantage point to identify the person that exposed themselves correctly.

What if I Did Not Expose My Genitals?

A person’s definition of what is decent and what is not varies depending on their cultural and religious beliefs. Therefore, it is common for people to accuse you of indecent exposure when your actions don’t meet the legal definition.

Note that you cannot be convicted for wearing revealing clothing, showing your underwear, or the body part above your waist. As long as your actual genitals are not exposed to public view, you might not be found guilty of this offense.

What Punishment Awaits Me if I Lose in My Defense?

First-time offenders risk being charged with a misdemeanor, punishable with less than a year in jail. A recidivist can be charged with a felony that attracts up to a year in prison. Other issues that determine the severity of charges include:

• The nature of exposure
• The length of the exposure
• Whether the exposure was directed at children

Apart from lengthy jail terms, other implications of a weak defense include:

• Higher education limitations
• Hiring difficulties
• Legal penalties and fines
• Permanent criminal record
• Sex offender registration
• Immigration and travel consequences

Why is Indecent Exposure Involving Children More Difficult to Beat?

When children are involved in your case, stories can be misconstrued. For instance, if a child acts out, a concerned but overzealous professional can suspect possible child molestation and report it to authorities.

The jury might be partially biased towards a child than an adult in a trial. What’s more, a child can be easily manipulated by the prosecution or other family members. Beating allegations of indecent exposure in such instances might not be easy, but a Long Island indecent exposure attorney can help.

What Action Can I Take if I’m Being Investigated for Indecent Exposure in Long Island?

If you are being investigated for indecent exposure, your life and reputation are at stake. So, avoid doing things that can implicate you for the crime. Discussing the incident or justifying your innocence with the police can do more harm than good.

Remember to remain polite with the investigating officers, but do not forget to invoke your rights to an attorney. You also have the liberty not to speak about the incident. After that, contact a Long Island indecent exposure attorney that will speak on your behalf and defend you to the end.

How is an Attorney Beneficial to My Case?

Luckily, most initial consultations in Long Island are usually free. In this session, a legal expert will listen to your side of the story and examine the evidence against you. But, of course, the outcome of your case significantly depends on the attorney you decide to retain to represent you.

A firm with extensive experience can give you the best chance of a favorable outcome. They can use their expertise to uncover mistakes buried in the prosecutors’ case and stand up against common strategies used in indecent exposure lawsuits.

Aggressive New York Criminal Defense Attorneys Fighting for The Accused

Criminal accusations can be upsetting and confusing at the same time. There is much to lose if you think of the worst possible possibilities of a sexual-related crime. A conviction can ruin your reputation, and you might lose the trust of family, friends, and colleagues.

The lawyers at Mirsky Law Firm will fight for your freedom and your rights as an accused person. We are not only knowledgeable of the laws governing indecent exposure, but we also have decades of experience. Call our offices today to schedule a FREE consultation.

Many laypersons do not fully understand the legal interpretation of indecent exposure. Thus, it isn’t uncommon for someone to call the police on another person for what they consider indecent exposure. An arrest might happen, but you cannot be convicted if your actions did not meet the legal definitions of the crime.

This charge is specific yet technical. But with the help of a Long Island criminal justice attorney, you can tell if the circumstances met the threshold and the defenses that can produce better outcomes. And an attorney’s experience is critical in lining up the best legal representation in court.

What Proof is Necessary to Successfully Convict You?

Just like all other crimes, a judge in Long Island cannot convict you for indecent exposure without credible proof. The evidence presented by the prosecution has to convince the court that the circumstances satisfied all the elements of the crime.

They must prove that:

• There existed an intention to entice a sexual response or give oneself some form of sexual gratification
• The defendant planned to show the private parts willfully
• The defendant’s genitals, buttocks, or breasts were unclothed in public
• Exposure took place in a public place, whether privately or publicly owned
• Exposure in a private space that is viewable by the public

For a conviction to take place, no doubt should exist in the minds of the jury. And the role of a Long Island indecent exposure attorney is to find ways to plant those doubts. This can be done by cross-examining the witnesses and asking them questions that can expose some inconsistencies.

How is a Public Place Defined?

Exposing your genitals anywhere where a substantial group of persons or members of the public have access is considered inappropriate in the state of New York.

Depending on the circumstances, it might be illegal for your private parts to be unclothed in:

• Lobbies
• Hallways
• Playgrounds
• Parks
• Places of amusement
• Schools
• Transportation facilities
• Highways
• Portions of an apartment or hotel that isn’t designed for actual residence
• Public restrooms
• Parks
• Clubs and bars

It is worth noting that simply wearing clothes that show some cleavage does not amount to indecent exposure. The issue comes in when you expose the part below the top part of the areola. But if your clothes cover the areola, you are decent enough for the public eye.

What Penalties Does an Indecent Exposure Charge Attract?

A conviction can impact the quality of your life, and the negative effects can last for a really long time. The suffering is usually economic, social, and emotional. But all these are avoidable with proper legal representation of a Long Island indecent exposure attorney.

Promoting the exposure of a person or exposing oneself comes with several consequences in New York State. They include:

• 15 days in prison
• Up to $25 in crime victim assistance fee, up to $95 surcharge, and up to $250 in fines
• Employment, travel, and immigration consequences
• A criminal record for a year or more

And if a lewd act accompanied the indecent exposure, here are the consequences:

• Prison time of up to 3 months
• Fines as high as $500, a crime assistance fee of $25, and a surcharge of $175
• Travel, immigration, and employment consequences
• A permanent criminal record
• Interim probation supervision
• Probation

What Factors Aggravate Indecent Exposure Charges?

Indecent exposure by itself is a misdemeanor, and convicts usually get less than a year outside the state prison. However, the penalties can become more severe in certain circumstances. You can expect more serious penalties depending on:

• The nature of the exposure
• How long the exposure happened
• Whether children were victims of the exposure
• If coercion or physical contact followed the exposure
• Whether it is a repeat offense

Sometimes, people engaged in intentional indecent exposure can do more than just expose their private parts. Some of the offenses that are usually charged along with indecent exposure include:

• Child molestation
• Sexual assault
• Rape
• Forcible touching
• Internet sex crimes

What Defenses Can Work for Indecent Exposure Charges in Long Island?

A Long Island indecent exposure attorney can help you prove that you did not intend to offend other people, or achieve sexual gratification or arousal. You can easily have the charges dropped if you had a good reason for exposing the body part. You might not be convicted if:

• You were breastfeeding
• The exposure was part of a performance in an exhibition, play, show, or entertainment
• The exposure was incidental to a medical condition such as incontinence
• Your clothes accidentally got torn
• Another person caused your clothes to tear
• You were urinating at night behind a dumpster that is outside direct view of the public
• You revealed your underwear; revealing or not
• You were unclothed away from civilization, for example, in a swimming lake
• You were dressing up in the bathroom and didn’t know that the curtains were open

Is there a Time-Limit for Charges to be Brought Against Me in New York?

The prosecution has only three years to charge you for indecent exposure. Notably, the counting begins on the day of the incident and ends at the three-year mark. Thereafter, it might be impossible for anyone to successfully bring such charges against you in New York State.

However, the prosecution can take advantage of the exceptions to this statute of limitation. Indecent exposures involving children can have a time extension in Long Island. Likewise, if the offender leaves the country or the state, the typical period can be delayed.

Legal Advice from a New York Criminal Defense Lawyer

A successful conviction for indecent exposure can ruin your reputation among your family and friends. Employers might also have difficulty trusting you to work on their premises or working with their clients. Investing in the best legal defense that can help you escape a conviction is the best you can do for yourself.

A skilled defense attorney near you can prove your innocence so that you can move on with your life. Call us at 516-299-6187 to get the legal help you need in Suffolk and Nassau Counties.