Being charged with indecent exposure can be an embarrassing and concerning experience. Because the crime penalizes displaying certain actions meant to be kept private, facing an indecent exposure charge means someone was able to observe something you did that should have been done behind closed doors.
It’s normal to feel shame, embarrassment, or even outrage when you’re unjustly charged with indecent exposure. Don’t let these feelings cloud your judgment and lead you to seek a resolution from the prosecutor at all costs. Being unfairly convicted of indecent exposure will only lead to more scrutiny and challenges in the future.
You can improve your chances of beating an indecent exposure charge by arming yourself with knowledge about this offense and consulting a qualified attorney. These two steps alone can save you untold grief and help you take the steps needed to overcome your charges and prevail in your case.
Understanding Indecent Exposure
Public indecency is defined in Indiana Code Section 35-45-4-1(e) as having sexual intercourse, engaging in sexual conduct, fondling one’s own or another’s genitals, or appearing nude in a public space with the intent that other, non-involved persons witness it.
Indecent exposure is distinguishable from public indecency based on the intent of the act and the venue and manner of display.
Generally, indecent exposure involves revealing one’s genitals or other private parts somewhere other than a public place with the intent to arouse or offend. Public indecency, meanwhile, is a category of crimes that includes a number of other non-violent sexual offenses.
A person who appears nude in a public place to be seen by others commits the offense of public nudity. Once again, the primary difference between public nudity and indecent exposure is intent. Public nudity involves appearing nude in a public place regardless of intent, whereas indecent exposure involves a deliberate revealing of one’s intimate parts with the intent to arouse or offend.
The Importance of Legal Representation
It’s a mistake to try to handle your indecent exposure case yourself.
Most people don’t know how to beat an indecent exposure charge in court, and trying without reliable legal representation can severely harm their chances of a favorable resolution. Moreover, choosing the wrong attorney to handle your case can be just as disadvantageous as having no attorney at all.
What Role Does an Attorney Play?
A criminal defense attorney has a straightforward role in an indecent exposure case: to protect your rights by requiring the prosecutor to prove your guilt beyond a reasonable doubt. In so doing, a qualified and competent defense lawyer will:
- Conduct an independent investigation into the circumstances of your case
- Review all police reports and the prosecutor’s evidence to discover weaknesses and omissions
- Scrutinize police methods for evidence that your constitutional rights were violated
- Challenge witnesses’ credibility and biases
- Present mitigating evidence or any evidence that might disprove your criminal charges
- Ensure that you’re treated fairly by the court system throughout your case
An attorney who doesn’t know all the rules and laws that apply to sexual offense charges may fail to perform these essential functions. If you and your attorney don’t successfully assert your rights and call out improper prosecutor or law enforcement behavior, it could hinder your ability to effectively defend yourself.
How to Choose the Best Criminal Lawyer for Indecent Exposure in Indianapolis
Given how important your choice of legal representative is, it’s crucial that you carefully consider who you hire. Look beyond a law firm’s promotional language and flashy branding. Instead, ask yourself the following questions:
- Does this firm have experience successfully handling public indecency cases?
- Are the attorneys litigators, or are they only interested in cutting a plea deal with the prosecutor?
- Does the firm have the resources necessary to conduct its own investigation?
- Do the lawyers have a plan for how to defend against my specific charges?
Don’t forget to consider the attorney’s fees and communication style, as well. Any reputable criminal defense lawyer will explain their fees to you clearly and keep you informed about major developments in your case.
Common Legal Defenses for Indecent Exposure
Once you’ve been charged with indecent exposure, you may want to resolve your case as quickly as possible. However, consulting a public indecency defense attorney in Indianapolis first can be immensely beneficial. They’ll know how to push back against an indecent exposure charge based on your specific situation.
Some common defenses include:
Lack of Intent
The prosecutor must prove beyond a reasonable doubt that you committed an act of indecent exposure with the intent to be viewed by others. For example, if you accidentally left your bedroom curtain open, you couldn’t be found guilty of indecent exposure.
Proving intent in indecent exposure cases is challenging for prosecutors, even with a cooperating plaintiff and other evidence.
Mistaken Identity
Your indecent exposure charge may stem from a witness’s false identification. If the victim or complaining witness didn’t get a good look at the perpetrator, they may falsely accuse you of having committed the offense. Mistaken identity is much more likely to happen if you resemble or live in close proximity to the true offender.
Inadequate Police Investigations
Police officers claim to investigate cases with the goal of discovering the truth. Unfortunately, some officers are tempted to rush investigations and bring cases to prosecutors quickly. This pressure can lead them to miss key evidence, fail to interview all relevant witnesses, or stop their investigation before understanding the full context.
Violation of Constitutional Rights
Police don’t have the authority to violate your constitutional rights just because they suspect you of having committed indecent exposure. Your attorney can move to suppress confessions and other evidence obtained by violating these rights. Successful suppression motions can make it difficult for the prosecutor to prove their case.
These and other defenses can be vital when it comes to determining how to beat an indecent exposure charge. An experienced sex crime lawyer in Indianapolis will be able to quickly analyze the details of your situation and advise you on what defenses are likely to have the most impact.
Potential Penalties for Indecent Exposure
Indecent exposure is generally a Class C misdemeanor in Indiana. As such, first-offense indecent exposure consequences include up to 60 days in jail and up to $500 in fines. However, the short- and long-term consequences of your charge could be significantly more severe, depending on the circumstances.
If this is your first offense, a court isn’t likely to impose the maximum sentence. However, it may be more inclined to issue steeper fines or place you in jail if you have a history of committing indecent exposure. You can also expect a more severe sentence if the victim is under 18.
Long-Term Consequences of an Indecent Exposure Conviction
Beyond the immediate penalties the court hands down, there can be long-term repercussions for being found guilty of indecent exposure. Most significantly, a conviction creates a public record that potential employers and other members of the public can access and view.
Therefore, the impact of indecent exposure on criminal records can stretch far into your future. Prospective employers may refuse to hire you, especially in customer-facing jobs. Friends and colleagues may also react negatively once they learn of your indecent exposure conviction.
Can Indecent Exposure Charges Be Dropped?
Suppose that you’re charged with indecent exposure and either apologize to the alleged victim or know them personally. You might wonder, “Can indecent exposure charges be dropped by the victim?” Unfortunately, the answer is no. It’s the prosecutor who decides whether to file charges and when to dismiss them.
Choosing to File Indecent Exposure Charges
Just because the police believe you’ve committed indecent exposure doesn’t mean prosecutors will file charges against you. Before doing so, they’ll consider numerous other factors, such as:
- The victim’s willingness to cooperate with law enforcement
- Whether the victim can express themselves sympathetically and credibly to a jury
- The availability of other witnesses and evidence to corroborate the victim’s statements
- The defenses you might raise if you were to be charged with indecent exposure
- The prosecutor’s caseload and the demands of the office
Overall, the prosecution will look at law enforcement’s investigation and evaluate whether a conviction is likely. The more uncertain a conviction at trial, the less likely prosecutors typically are to file charges.
Plea Deals and Dismissals
Even after charges are filed, prosecutors have the authority to dismiss the charges or offer a plea agreement at any time. In a plea agreement (also known as a plea deal or plea bargain), you and the prosecution agree to enter a guilty or no-contest plea to one or more specific offenses. These can be different offenses from indecent exposure.
Additionally, a plea agreement may include specific sentencing recommendations that the prosecutor will make to the court. While plea deals still lead to criminal convictions, the charges and penalties you’ll face will likely be less severe than if you were to lose your case at trial.
By contrast, a dismissal is a declaration by the prosecutor that they don’t intend to proceed with their case against you. This scenario doesn’t result in any finding of guilt or penalties. Be warned, however: Dismissals may be considered “without prejudice,” meaning the prosecutor could refile the case against you in the future.
What Your Criminal Defense Lawyer Will Do
A competent criminal defense attorney for indecent exposure in Indianapolis will work to identify all legal defenses for indecent exposure available in your case. They’ll then present this information to the prosecution through informal discussions and in pretrial motions and filings.
These actions are designed to undermine the prosecutor’s confidence in their case. The less assured a prosecutor feels that they’ll succeed at trial, the more willing they’ll be to work out a plea deal. If certain key evidence or witnesses are unavailable, prosecutors may have no other choice but to dismiss your case.
Strategies for Avoiding Sex Offender Registration
Some public indecency-related offenses carry with them a requirement to register as a sex offender in Indiana. Being placed on the sex offender registry can prolong the consequences and impact of your conviction, making it difficult to find employment in certain fields and limiting your ability to move freely.
Although nearly every defendant charged with public indecency or a related charge fears this outcome, few know how to avoid sex offender registration. The key to dodging the requirement to register as a sex offender in Indiana is not to commit any sex-related crimes, especially any offenses that target minors.
Indecent exposure and public indecency don’t automatically require sex offender registration. This doesn’t mean that a court will never order you to register as a sex offender in cases involving these crimes, however. If your case involves certain other sexual allegations, the court could order you to register.
For example, suppose that you’re alleged to have raped your significant other in your living room, and a passerby claims to have seen the incident occur. You could be charged with and convicted of rape and indecent exposure. If this were to happen, you would be required to register as a sex offender in Indiana.
Beyond such situations, the court will have the discretion to order you to register as a sex offender depending on the facts of your case. Offenders who commit crimes against child victims or whose crimes involve shocking circumstances are most at risk of having a court order that they register as an offender.
Working with a proven criminal defense lawyer can keep you from unwittingly entering into a plea deal that requires you to register as a sex offender, a stigma that could haunt you for the rest of your life. Your lawyer can advise you whether registration is a likely outcome in your case and argue against it if the court seeks to impose registration.
Talk to a Sex Crimes Lawyer at Gemma & Karimi Today
If you’ve been charged with indecent exposure in Indiana, don’t lose hope. There may be one or more defenses to these charges available that could result in your case being dismissed or your charges being reduced as part of a plea deal. Contact Gemma & Karimi today to understand your options and get help responding to these allegations.
