Public Indecency

Definitions: In Georgia, public indecency refers to the act of engaging in sexual activity or exposing one's genitalia or buttocks in a public place or in the presence of another person with the intent to arouse or gratify one's own sexual desires or to offend the other person. Generally, such actions must be proven to have been done with lewd intent.

It is important to note that in Georgia, as in other states, the specific definitions and elements of the crime of public indecency can vary depending on the local jurisdiction.

Sexual Activity in a Public Place

It is important to note that in Georgia, as in other states, it is illegal to engage in sexual activity in a public place. Examples of sexual activity are intercourse, oral sex, and masturbation. Public Place applies to any setting where the alleged acts could have been observed by the public (vehicle, balcony, deck, public venue, etc.).

After an arrest for a public indecency you should be concerned not only about the present situation, but also the effect a conviction will have on your future. Hiring a qualified defense lawyer is an investment in your future.

Misdemeanor or Felony?

Public indecency is generally a misdemeanor offense in Georgia. An arrest can be a felony crime if the victim is a minor, or if the offender has a prior conviction for sex-related crimes.

Public Indecency Penalties

Engaging in sexual activity in a public place is generally classified as a misdemeanor, but it can be charged as a felony if the victim is a minor. The specific penalties for public indecency depend on the circumstances of the case and the offender's criminal history.

First or Second Offense: (Misdemeanor) up to 12 months in jail. Fine up to $1,000.

Third & Subsequent Offenses: (Felony) One to Five years in prison.

Sex Offender Registration: Under O.C.G.A. § 42-1-12, a conviction may require registration, although this usually pertains to only felony convictions.

Aggravating Factors: Cases involving minors or specific sexual purposes can elevate the seriousness of the case. Such factors can escalate what would otherwise be a midemeanor offense to a felony charge.

The Law: O.C.G.A. § 16-6-8

Georgia Code O.C.G.A. § 16-6-8 (Public Indecency) specifically addresses public indecency. The following is the actual law § 16-6-8 (2020) as it is written.

• a. A person commits the offense of public indecency when he or she performs any 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.
• b. A person convicted of the offense of public indecency as provided in subsection (a) of this Code section shall be punished as for a misdemeanor except as provided in subsection (c) of this Code section.
• c. Upon a third or subsequent conviction for public indecency for the violation of paragraph (2), (3), or (4) of subsection (a) of this Code section, a person shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years.
• d. For the purposes of this Code section only, "public place" shall include jails and penal and correctional institutions of the state and its political subdivisions.
• e. This Code section shall be cumulative to and shall not prohibit the enactment of any other general and local laws, rules, and regulations of state and local authorities or agencies and local ordinances prohibiting such activities which are more restrictive than this Code section.

Get a Free Consultation

If you are being investigated for, or facing public indecency charges in Georgia we recommend calling our law office as soon as possible. We understand the urgency of the matter, and respond quickly to all inquiries. To get control of your situation CALL 678-880-9360 for a CONFIDENTIAL APPOINTMENT with a public indecency defense attorney.