Public Indecency

What Is Public Indecency?

Definition: 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

In Georgia, it is illegal to engage in sexual activity in a public place. 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

Public Place applies to any setting where the alleged acts could have been observed by the public (vehicle, balcony, deck, public venue, sidewalk, etc.).

Defense Strategies for Public Indecency Charges

Common defense strategies are built around: challenging the prosecutor to prove criminal intent, and proving the alleged scene was a public place. Arguing a case of mistaken identity and challenging the veracity of witness claims are other common defenses.

Public Indecency Punishments

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 for a third or subsequent conviction. Potential punishments include fines and up to 12 months in jail.

Upon a third or subsequent conviction for public indecency, a person shall be guilty of a felony and shall be punished by fines and a prison sentence of 1-5 years.

Georgia Law: O.C.G.A. § 16-6-8

Click the following link to see the full law for Public Indecency in Georgia. The circumstances of your situation may allow your lawyer to fight for dismissal or changing the charge to a lesser offense. Always keep in mind, an arrest is not a conviction.

How to Choose the Best Public Indecency Lawyer in Georgia

The best lawyer for fighting Public Indecency charges is one who has: a good working relationship with local prosecutors, experience with defense strategies for this offense. Additionally, you want to hire a lawyer who can negotiate for your case to be dropped, have charges reduced, or represent you in a jury trial.

Contact a Public Indecency Attorney

If you are being investigated for, or charged with, public indecency we recommend calling our law firm as soon as possible. We understand the urgency of the matter, and respond quickly to all calls and online inquiries to hire a criminal defense lawyer. To get control of your situation CALL 678-880-9360 for an appointment with a public indecency defense attorney.