January 16, 2025 | Criminal Law
Indecent exposure is a very serious crime. In South Carolina, there are significant penalties for people convicted of indecent exposure. It could include jail time, fines, registering as a sex offender, and other collateral consequences. If you are being charged with indecent exposure, you should consult with a criminal defense attorney to defend you. It is tough to beat these charges without the help of an experienced professional.
What Is Indecent Exposure?
Indecent exposure is classified as a crime against morality and decency. Generally, indecent exposure is a misdemeanor, but it can be charged as a felony if the exposure happens in front of a child under 18.
A person is guilty of indecent exposure if they willfully, maliciously, and indecently expose their private parts:
- In a public place,
- On the property of others, or
- To the view of any person on a street or highway
Indecent exposure does not apply to breastfeeding mothers in lawful places.
Common Examples Of Indecent Exposure
Indecent exposure is a prevalent crime. Some people commit indecent exposure without even knowing it, while other behaviors may seem more obvious. There are many common examples of indecent exposure including:
- Public urination
- Public defecation
- Streaking
- Dressing in public
- Consensual sexual activity in public (or in a car)
- Flashing
- Masturbating in public
Many of these behaviors may not be illegal on their own, but they become problematic because of where they occur—specifically in public places or within the view of others. Most people are surprised to learn that they can go to jail for indecent exposure instead of walking away with a ticket or infraction, especially in minor cases like public urination.
What Are The Penalties For Indecent Exposure?
Misdemeanor indecent exposure carries severe penalties. A conviction can result in up to three years in prison, along with a fine. The amount of the fine is at the judge’s discretion, and in more serious cases, the judge may impose a higher fine to make an example of the defendant.
Additionally, a defendant may be ordered to register as a sex offender if the judge finds that the circumstances are extreme enough to warrant it. This could include exposing oneself in front of a child or in a particularly depraved manner.
Aside from court-ordered penalties for indecent exposure, there are also collateral consequences in many cases. These penalties may include:
- Social stigma and isolation
- Difficulty finding or maintaining employment
- A permanent criminal record
- Ineligibility for certain types of government assistance and loans
- Difficulty finding housing
These consequences can be long-lasting and have a significant impact on someone’s life.
Defenses To Indecent Exposure
Luckily, there are many viable defenses to indecent exposure. An attorney can help you identify the strongest defense in your case.
Lack Of Intent
The best defense is a lack of intent. Intent is required to prove indecent exposure. If the exposure was accidental, then you cannot be convicted of indecent exposure. That’s because it must have been committed willfully, maliciously, and indecently.
For example, if you have a wardrobe malfunction in public and expose a private part incidentally, you won’t be convicted. However, once you notice that you are exposed and fail to take measures to cover up, you may be found guilty.
Mistaken Identity
Indecent exposure cases almost always involve an eyewitness. Furthermore, many exposures only last for a few seconds or minutes. Witnesses are notoriously unreliable, and it is common for them to misremember what the perpetrator looked like, especially if they are overwhelmed or stressed by the exposure. Unfortunately, if you were in public at the wrong place at the wrong time, you could be mistaken for the person who committed the crime.
Insufficient Evidence
The prosecution has the burden to prove the indecent exposure beyond a reasonable doubt. If they don’t have enough evidence or their witness is unreliable, then you won’t be convicted. A criminal defense attorney can raise questions about the strength of the evidence to help you poke holes in the prosecution’s case.
Contact the Columbia Criminal Defense Attorneys at Jeffcoat Criminal Defense Lawyers Today For Help
If you’ve been accused of indecent exposure in Columbia, South Carolina, it can be overwhelming to know what to do next. You’ll likely need guidance to get your life back on track. Contact Jeffcoat Criminal Defense Lawyers today to schedule a free consultation with an experienced Columbia indecent exposure attorney.
We serve all areas in Columbia, Dentsville, Blythewood, Irmo, Cayce, Oak Grove, Lexington, Red Bank, Camden, Lugoff, and throughout South Carolina.
Visit our convenient location:
Jeffcoat Criminal Defense Lawyers – Columbia Office
1333 Main St Suite 512, Columbia, SC 29201
(803) 200-2000