April 12, 2024 | Sex Crimes
Indecent exposure carries significant implications, making it important to understand the exact elements of this crime in Ohio and the possible defenses that an attorney can raise if you find yourself facing charges.
What Is Indecent Exposure in Ohio?
In Ohio, the term used to describe incidents that would commonly be classified as indecent exposure is public indecency. A person commits public indecency by knowingly or recklessly exposing private parts or engaging in sexual conduct where others likely to be offended can see.
The burden is on the prosecution to prove that the exposure was both purposeful and carried out under conditions that could be expected to be seen by unsuspecting individuals who would be offended by the exposure.
Knowingly
According to Ohio law, a person acts knowingly when they are aware their conduct is likely to result in a particular outcome.
Recklessly
Under Ohio law, a person acts recklessly when they are aware of and consciously disregard a substantial and unjustifiable risk that their action will likely result in a certain outcome.
Examples of Public Indecency in Ohio
Examples of public indecency in Ohio that could result in legal action include:
- Exposing yourself deliberately to an unsuspecting individual or the general public.
- Engaging in sexual activities, such as intercourse or masturbation, where others who would be offended by it can easily observe. This could even be in your home if you are by windows and leave them open to the street on purpose, knowing someone is likely to see.
- Flashing or streaking at a sporting event, park, or recreational area – or any other place where there’s an expectant audience.
Public indecency in Ohio covers various actions, making it important to understand what constitutes a violation of the law.
Public Indecency Penalties in Ohio
In Ohio, penalties for public indecency can vary based on the nature of the behavior involved and the defendant’s criminal history:
- Exposing one’s private parts is typically classified as a fourth-degree misdemeanor.
- If there has been a previous violation, it escalates to a third-degree misdemeanor charge.
- Engaging in what looks like masturbation or sexual acts where others may witness it is a third-degree misdemeanor for a first violation. If there is a prior offense, it is a second-degree misdemeanor.
- A scenario where a minor is present or the offender has accumulated two or more prior violations of public indecency can elevate the crime to a first-degree misdemeanor.
- In more severe instances – such as with repeated prior convictions and committing the act directly in view of a minor – public indecency can be charged as a felony.
On the higher end of the spectrum, as the offense increases in severity, penalties include between 6 and 12 months in jail and a fine of up to $2,500. For more minor instances, a defendant might face up to 30 days in jail and/or fines not exceeding $250.
Depending on the circumstances and the severity of a public indecency offense, an individual may be required to register as a sex offender. This carries serious long-term consequences affecting housing, employment opportunities, reputation, and personal relationships. Registration typically involves ongoing reporting obligations that impact daily life significantly.
Legal Defenses to Public Indecency in Ohio
Legal defenses to public indecency charges may include the following:
Accident
Unintentional exposure due to wardrobe malfunction or an honest mistake may negate the element of recklessness or knowing required for a conviction.
Misidentification
In some instances, a witness may mistakenly identify the wrong individual as the perpetrator. The defendant, through their attorney, can present evidence that challenges this identification and raises reasonable doubt regarding involvement.
Alibi
If you were somewhere else at the time of the alleged act, providing proof of your whereabouts could lead to a not guilty verdict based on an alibi. Your evidence could include witness testimony, time-stamped receipts, or video footage, for example.
Contact the Dayton Sex Crimes Attorneys at Suhre & Associates, LLC For Help Today
Public indecency charges carry significant implications, and a strong defense is crucial to protecting your freedom and your reputation. If you’ve been accused of public indecency in Ohio, make sure to contact a legal professional immediately. Contact us today at Suhre & Associates, LLC at (937) 531-0435 or visit us at our Dayton Law Office to discuss the specifics of your case with a sex crimes defense attorney.
Suhre & Associates, LLC – Dayton
130 West Second Street #17-129
Dayton, OH 45402
United States
