Have You Been Charged with Public Indecency in Atlanta?
While public indecency is viewed as a less serious offense than many other sex crimes, it can still lead to serious consequences. Not only does a conviction carry the possibility of jail time and a hefty fine, but it can also lead to mandatory registration as a sex offender. Being a convicted sex offender can affect all aspects of your life, limiting your job opportunities and preventing you from living in – or even setting foot in – certain areas. However, being charged with public indecency does not have to lead to life-changing consequences. These possible outcomes merely underscore the importance of taking the charges seriously and finding a top-notch advocate. Kimberly Berry is a seasoned defense attorney who has experience working with prosecutors to gain the best outcome for her clients. If she is not able to get your charges dismissed or gain a satisfactory deal, she will not hesitate to take the fight to trial to defend your rights.
Georgia Public Indecency Laws
The Georgia criminal code (O.C.G.A. 16-6-8) defines public indecency as an offense in which a person performs one or more of the following acts in a public place:
1. An act of sexual intercourse;
2. A lewd exposure of the sexual organs;
3. A lewd appearance in a state of partial or complete nudity; or
4. A lewd caress or indecent fondling of the body of another person.
The statute specifically notes that the term “public place” includes “jails and penal and correctional institutions of the state and its political subdivisions.”
Punishments for Public Indecency in Georgia
A first or second time offender convicted of public indecency will be guilty of a misdemeanor. This may carry a prison sentence of up to a year and/or a fine. The offender may also have to register as a sex offender. A third or subsequent offense will be charged as a felony carries a prison term of one to five years and likely sex offender registration.
Local statutes may also be applicable, depending on where the offense took place, and may carry heavier penalties.
Why Do I Need a Sex Crime Defense Lawyer?
Public indecency is a crime that has many defenses, depending on the circumstances. Unlike most sexually based crimes, it is not implausible for a person to commit this offense accidentally. Furthermore, there is some debate over what constitutes a “public place.” Georgia courts have tended to have an expansive view of public indecency, finding people guilty of this crime for public urination and for being nude at home in front of a window. For this reason, you need an experienced, aggressive lawyer to make your case and gain you a favorable outcome. Contact the Berry Law Group and Kimberly will do everything she can to show that you are not a criminal, but a regular person who does not deserve to be punished.