Cleveland Lawyer for Public Indecency
Skilled Defense Throughout the State of Ohio
Public indecency is the act of exposing your private parts in public, masturbating, engaging in sexual conduct in public, or engaging in conduct that appears to be sexual conduct or masturbation in public. It is graded based on a series of factors and may be charged as anything from a fourth degree misdemeanor to a fifth degree felony. Intent matters in these cases, as does the type of person likely to view the acts on display.
For instance, a person who "recklessly" engages in conduct that violates the statute won't face the same penalties for public indecency charges that a person who "knowingly" engages in apparently sexual conduct in view of a schoolyard during recess would face. There are other complications, as well, such as a tendency on the part of law enforcement to treat certain minor offenses, like public urination, as acts of public indecency.
Penalties for Public Indecency (O.R.C. 2907.09) in Cleveland
- Public indecency is graded based on specific facts.
- For example, reckless public exposure of private parts is a fourth degree misdemeanor (30 day maximum sentence) except when the defendant has a previous public indecency conviction. In that case, it is a misdemeanor of the third degree (60 day maximum). When the exposure was likely to viewed by a minor, it is a misdemeanor of the second degree (90 day maximum). The more previous convictions that you have, the higher your charge will be graded. For instance, person who has three past convictions will be charged with a first degree misdemeanor (180 day maximum sentence)-and, if the exposure was viewable to minors, it is a fifth degree felony charge (6-12 month sentence).
- Recklessly engaging in public sexual conduct, masturbation, or conduct appearing to be sexual conduct or masturbation is a third degree misdemeanor (60 day maximum sentence). A previous conviction for public indecency under this section means you'll be charged with a second degree misdemeanor (90 day maximum); if a minor was likely to view the conduct, you'll be charged with a first degree misdemeanor (180 day maximum). At the highest level, it can be a fifth degree felony, with a 6-12 month sentence possible. It is a second degree misdemeanor (90 day maximum sentence), with penalties increasing as high as a fifth degree felony (6-12 months) if you've been convicted in the past.
- Knowingly exposing yourself in public for purposes of sexual gratification or to lure a minor into sexual activity is charged as a first degree misdemeanor (180 day maximum sentence). However, if there are past convictions or guilty pleas on your record, it can be charged as a fifth degree felony (6-12 months).
Experienced Legal Defense. Call (440) 709-8088 Now!
Public indecency charges can have a profoundly negative effect on your life-beyond the risk of jail time and fines. Whatever the circumstances of your public indecency charge, you need experienced legal help right away. The defense attorneys at Patituce & Associates know how important it is to examine all the evidence against you, interview witnesses, and develop a strong defense to protect your reputation and your freedom.
If you or a family member are facing public indecency charges, call Patituce & Associates today at (440) 709-8088 for a free consultation with an experienced Cleveland criminal defense attorney.