Did you know that “making out” in public can be a crime? How about jumping out of the car and taking a quick leak? Gone. The crime of Indecent exposure laws in Georgia makes it a criminal act to willfully expose or display one's genitals in public, or on another persons' property in a manner likely to offend or alarm others. Sexual gratification is often the motivation of the offender or to entice a sexual response.
Georgia Code Section 16-6-8- Public Indecency
(a) A person commits the offense of public indecency when he or she performs any of the following acts in a public place:
(1) An act of sexual intercourse;
(2) A lewd exposure of the sexual organs;
(3) A lewd appearance in a state of partial or complete nudity; or
(4) A lewd caress or indecent fondling of the body of another person.
(b) A person convicted of the offense of public indecency as provided in subsection (a) of this Code section shall be punished as for a misdemeanor except as provided in subsection (c) of this Code section.
(c) 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.
(d) For the purposes of this Code section only, “public place” shall include jails and penal and correctional institutions of the state and its political subdivisions.
(e) 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.
A few defense strategies we may use include:
- Proving that it was a case of mistaken identity
- Proving that you exposed yourself accidentally
- Proving that you had an alibi and were not present
- Showing that the guilt cannot be proven “beyond a reasonable doubt”
Call Elmer H. Young, Georgia sex crime lawyer Now
If approached by law enforcement or after the initial arrest, remain silent, admit nothing. you may be asked to plead guilty or admit that you have committed the crime. You may even be promised lesser punishment by a member of law enforcement. However, you should not admit to anything or answer questions until a Georgia public indecency lawyer has shown up to protect your rights.