Indecent Exposure or Public Indecency

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defense for indecent exposure charge in kentucky or public indecency in ohioWhile this crime is usually deemed a misdemeanor, indecent exposure is a sex crime. Conviction for indecent exposure will result in a criminal record and possibly registration as a sex offender. For this reason, an indecent exposure charge must be taken extremely seriously. Protect your rights by hiring an experienced attorney, one who knows how to defend sex crimes.

Kentucky Law on Indecent exposure

Indecent exposure in the first degree:

(1) A person is guilty of indecent exposure in the first degree when he intentionally exposes his genitals under circumstances in which he knows or should know that his conduct is likely to cause affront or alarm to a person under the age of eighteen (18) years.

(2) Indecent exposure in the first degree is a:

(a) Class B misdemeanor for the first offense;

(b) Class A misdemeanor for the second offense, if it was committed within three (3) years of the first conviction;

(c) Class D felony for the third offense, if it was committed within three (3) years of the second conviction; and

(d) Class D felony for any subsequent offense, if it was committed within three (3) years of the prior conviction.

Indecent exposure in the second degree:

(1) A person is guilty of indecent exposure in the second degree when he intentionally exposes his genitals under circumstances in which he knows or should know that his conduct is likely to cause affront or alarm to a person eighteen (18) years of age or older.

(2) Indecent exposure in the second degree is a Class B misdemeanor.

More at: Kentucky Revised Statutes

In the News: Joseph Fantuzzo was convicted of attempted sodomy and indecent exposure in December 2005 after exposing himself to two different women on two separate occasions. Fantuzzo also grabbed one of the women and attempted to move her head towards his exposed crotch area. The trial court accepted and imposed the jury's recommended sentence of five years on the attempted sodomy conviction and a concurrent thirty days on the indecent exposure conviction.

Ohio Law on Public Indecency

Public indecency:

(A) No person shall recklessly do any of the following, under circumstances in which the person’s conduct is likely to be viewed by and affront others who are in the person’s physical proximity and who are not members of the person’s household:

(1) Expose the person’s private parts;

(2) Engage in sexual conduct or masturbation;

(3) Engage in conduct that to an ordinary observer would appear to be sexual conduct or masturbation.

(B) No person shall knowingly do any of the following, under circumstances in which the person’s conduct is likely to be viewed by and affront another person who is a minor, who is not the spouse of the offender, and who resides in the person’s household:

(1) Engage in masturbation;

(2) Engage in sexual conduct;

(3) Engage in conduct that to an ordinary observer would appear to be sexual conduct or masturbation;

(4) Expose the person’s private parts with the purpose of personal sexual arousal or gratification or to lure the minor into sexual activity.

More at: Ohio Laws and Rules



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