We hear about it every so often – someone was caught streaking across the field at a sports event, or after mooning strangers in Weld, Morgan, or Logan County. We laugh. After all, streaking and mooning are usually the result of a dare or a prank. We also hear about people arrested for peeing in public. We sigh with relief that we didn’t get caught ourselves. But, what many people don’t realize, is that serious criminal charges can result from being naked in public. Even in situations that aren’t “creepy.” Let’s look closer at situations where you could be charged with Public Indecency, and what to expect if you have been charged.
What is Public Indecency?
But, what many people don’t realize, is that serious criminal charges can result from being naked in public – even in situations that aren’t “creepy.”
Public Indecency is charged whenever a person does any of the following actions in a public place:
- Having sex in public.
- Lewd, over-the-top of clothes fondling or caressing of another person.
- Lewd exposure of an intimate part of the body (such as the breasts – but not genitalia), if done with the intent to arouse or satisfy sexual desire.
- Knowing exposure of genitalia to someone else’s view, when such conduct is likely to cause alarm or affront.
While it isn’t explicitly mentioned in the statute, people often face Public Indecency charges for peeing in public. This is because, technically, genitals are exposed, and the exposure could cause “affront or alarm,” which is one of the elements of Public Indecency.
Urinating in Public and Alcohol: Directly Related
I have attended football games and personally seen people urinating in public. Usually, this is a result of drinking too much alcohol. When there is too much beer in a person’s system, it creates the perfect opportunity to be charged with Public Indecency. Beer impairs people’s judgment. The result is urinating in public, which can result in Public Indecency charges. Because of the severity of these charges, you need to work with an aggressive criminal defense attorney.
Public Indecency Charges: Why You Need a Lawyer
Even though Public Indecency is only a PO or misdemeanor offense in Weld, Sedgewick, or Phillips County, it is important to understand that two convictions equal a sex offense. Sex offenders must register, and go through sex offender treatment. The problem is, a person who pees in public twice and becomes a registered sex offender won’t be treated differently from sex offenders convicted of a serious sex crime. No one looks at the registry to see what crime the offender was convicted of. They only look to avoid living near a sex offender, or hiring them as an employee. Don’t ignore the charges against you. Instead, look to the future and avoid having a criminal record. Work with an attorney who knows what the Weld County DA is looking for, and can fight to get your case dismissed.
If you or a loved one is facing Public Indecency charges, be smart and exercise your right to remain silent. Then, contact an experienced criminal defense attorney at the O’Malley Law Office for a free consultation at 970-616-6009. Together, we can protect your future.
Image Credit: Pixabay – Maklay62