West Chester PA Indecent Exposure Lawyer

Many of those charged with exposing their genitals in public are not expecting to face criminal charges. In the Commonwealth of Pennsylvania, a person who exposes their genitals can face serious penalties if convicted. In addition to jail time, there is the embarrassment of the crime, and the potential that a criminal record for indecent exposure could result in the loss of your job, an inability to obtain employment you are otherwise well-qualified for, as well as many other adverse consequences. 

Your West Chester indecent exposure lawyer with Ciccarelli Law Offices will carefully review the details surrounding your arrest and the strength of the Commonwealth’s case against you to determine how to best approach your defense strategy. In many cases, we find a way to work out plea deals with the prosecuting attorney to get serious sex crime charges reduced to a lesser offense or dismissed altogether. If your case needs to go to trial, our criminal defense team will work tirelessly to introduce the reasonable doubt the jury needs to find you not guilty. Because the penalties are harsh for something which might have been inadvertent, a necessity, or a joke, it is imperative that you contact an experienced Pennsylvania sex crimes defense attorney as soon as possible after you are charged. 

You Could Face Multiple Sex Crime Charges 

Depending on the circumstances surrounding your indecent exposure, you could be charged under the following statutes, and may face one or more charges:

• Indecent Exposure – Under Pennsylvania Consolidated Statutes Title 18, Section 3127, if you expose your genitals in public or any place where others are present when you knew—or should have known—that exposure would alarm, affront, or offend another person, then you could face second-degree misdemeanor charges. If those who saw you expose your genitals were less than the age of 16, the charges are increased to a first-degree misdemeanor. 
• Open Lewdness – Under Pennsylvania Consolidated Statutes, Title 18, Section 5901, if you engage in any type of lewd act, knowing that act would be seen by others who would be alarmed or offended, then even if you exposed your genitals from a private place which could be viewed by the public (like your own home), you could be criminally charged with a third-degree misdemeanor. 

Common Types Of Indecent Exposure

If you are confused about why you are being charged with indecent exposure, it is important to understand that indecent exposure can come in several forms. In many open lewdness and indecent exposure cases, people are accused of performing sexual acts or masturbating in public. However, indecent exposure does not always need to involve sexual acts. For example, some of the most common types of indecent exposure include:

• Urinating in public while intoxicated
• Any situation where your genitals are inadvertently exposed
• Streaking across a field during a sporting event
• Flashing or mooning people as they drive by

No matter how seemingly innocent your situation was, if you are convicted of a crime like indecent exposure, it could permanently destroy your reputation. It is important to note that you should not be charged with indecent exposure for breastfeeding in public, according to Pennsylvania’s Freedom to Breastfeed Act. This is because breastfeeding in public is protected, per the Pennsylvania Department of Health, and is not considered a nuisance, obscene, or indecent.

Aggravating Factors for Indecent Exposure Charges in Pennsylvania

It is important to remember that if you expose your genitals in public or from your home where the public could witness the act, but you did so in the presence of a child or children, the consequences can be significantly harsher. If you are at or near a school when you expose your genitals, you are also looking at harsher consequences and penalties. If you have a prior criminal record, especially for a sex offense, that will definitely impact how the prosecutor will approach your case.

Penalties Associated with Indecent Exposure in the State of Pennsylvania

If you are convicted of a third-degree misdemeanor in the Commonwealth of Pennsylvania, you face a fine as large as $2,500, and up to one year in a Pennsylvania county jail. If you are convicted of a second-degree misdemeanor in the Commonwealth of Pennsylvania, you could face a fine as large as $5,000, and up to two years in jail. If you are convicted of a first-degree misdemeanor, you could face a fine as large as $10,000, and a maximum of five years in jail.  

Collateral Consequences You Need to Prepare For

If you are found guilty of indecent exposure, the criminal penalties may be devastating. However, while you may be anxious to put this experience behind you after completing your sentence, the stigma of your conviction could continue to follow you for years to come. These are commonly known as collateral consequences and could include:

• Trouble maintaining or finding a job
• Loss of federal student aid eligibility
• Inability to obtain grants or private scholarships due to your criminal record
• Difficulty finding safe or affordable housing
• Child custody or visitation restrictions
• Suspension or revocation of your professional license
• Loss of voting or firearm rights
• Risk of deportation or trouble with visa renewal
• Loss of eligibility for public benefits

What to Expect if You Are Ordered to Register as a Sex Offender 

It is also possible that you could be required to register as a sex offender with the Pennsylvania Sex Offender Registry maintained by the Pennsylvania State Police. According to Megan’s Law, anyone who commits any type of sexually violent offense will be designated a sex offender level, categorized by “Tiers”. If you are designated a Tier lll sex offender, you will be required to register as a sex offender for the rest of your life. However, if you are considered a Tier l sex offender, your name will only need to appear on the sex offender registry for up to 15 years.

While indecent exposure may not usually be considered a sexually violent offense, if aggravating circumstances are present, your charges could be elevated to a more serious sex crime. Working with an indecent exposure lawyer in West Chester with Ciccarelli Law Offices may be the best way to avoid sex offender registration requirements. If you are required to register as a sex offender, the following information will be made available on the Pennsylvania State Police-managed website:

• Your county, ZIP Code, and address
• When you were born
• Your name and aliases
• Your photo
• The address where you are enrolled as a student
• Your work address
• The type of crime you were convicted of
• The date of your conviction

Sex offender registration requirements could result in housing restrictions, limited or supervised child visitation or custody rights, and other consequences. Depending on the circumstances of your case, neighbors and concerned citizens may also target you, which could result in severe bodily injury or death to you or your friends and family. It has never been more important to clear your name of the indecent exposure or sex crime charges you are facing when sex offender registration is on the line.

Qualifying for a Plea Agreement May Be the Best Alternative to a Trial

Generally, indecent exposure is not considered a violent offense. This means the prosecutor may be more willing to work out a plea agreement or offer alternative sentencing options, particularly if you do not have a history of sex offenses or criminal convictions. Working out a plea agreement may also be in your best interests if the Commonwealth’s case against you is strong or the penalties of a guilty verdict are too great to risk. Some of the potential alternatives that may be available include:

• Agree to plead guilty to a less serious offense in exchange for dismissal of the indecent exposure charges
• Entering an Accelerated Rehabilitative Disposition (ARD) program which would allow you to expunge your record upon completion of the program
• Completing a drug or alcohol treatment program
• Completing a mental health evaluation and obtaining treatment in exchange for withdrawing the indecent exposure charges against you

Unfortunately, if you are not a first-time offender or aggravating circumstances apply in your case, you may not be eligible for a plea agreement, ARD program, or alternative sentencing. We can explore your options further when you discuss your defense strategy with your indecent exposure attorney.

Potential Defenses to Pennsylvania Indecent Exposure Charges

While your exact defense will depend on the circumstances surrounding your charges, your Pennsylvania criminal defense attorney may use one of the following defenses on your behalf: 

• You had no criminal intent. You may be elderly and could not wait to relieve yourself, you might be taking a certain medication which causes you to need to urinate urgently, or you could have an illness which increases your need to urinate. If any of these things are true, then you did not expose yourself, you were merely relieving yourself with no criminal intent.
• Any exposure was totally accidental. Perhaps you did not realize there was anyone in the area and did not intend for anyone to see you.
• You are innocent—you did not expose your genitals. Perhaps yours is a case of mistaken identity, in that the person who identified you was mistaken. Or perhaps you have an alibi for the time of the alleged indecent exposure.
• You were unaware your actions would offend or alarm those present.
• You did not think you were in a public place.
• You were in your own home and were unaware others could see you. 
• The only evidence against you is the claim of another person. 

Things to Remember if You are Charged with Indecent Exposure in the State of Pennsylvania

If you are arrested and charged with indecent exposure, try to remain calm, even if you believe you did nothing wrong. At this point, becoming angry or irate will only make things worse for you, since the police officer has the power to make several important initial decisions regarding your charges. When the charges involve sex crimes, the severity of those crimes can vary widely, from a misdemeanor to a felony, and with the consequence of having to register as a sex offender, or not having to register as a sex offender.

It is likely you will be held overnight in jail. Again, try to remain calm, use your phone call wisely, calling an attorney who can help you through this difficult time. Do not talk to the police without your attorney present. It is normal that you might want to “explain” what really happened, especially if you had no intention of exposing yourself, rather had no choice due to a medical issue. No matter what the circumstances surrounding your charges, do not try to explain your actions to the police officer. Give the officer your name and address, then politely decline to answer any questions until your attorney arrives.

The police are not your friends, even if they attempt to convince you they are. They absolutely can and will use anything you say against you, even taking your words out of context. As soon as your attorney is on your case, he or she will be looking at every avenue possible to minimize the consequences of these charges. Perhaps your attorney can get the charges dropped entirely, or reduced to a lesser offense. When you are up against charges of Indecent Exposure, you are facing community condemnation and a determined prosecutor. Make sure you have an attorney who is truly in your corner and who will stand by you every step of the way. 

West Chester Indecent Exposure FAQ

Can an indecent exposure conviction be expunged in PA?

No, indecent exposure and indecent assault convictions are not eligible for expungement under 18 Pa. § 9122. However, if you can enter a plea agreement with the prosecutor to reduce your charges to a less serious offense, you may be able to get those charges expunged from your record if you meet the eligibility requirements.

How long do you go to jail for indecent exposure in PA?

Indecent exposure is generally considered a second-degree misdemeanor, punishable by up to two years in jail. However, indecent exposure in front of a minor is elevated to a first-degree misdemeanor, punishable by up to five years in jail, according to 18 Pa. C.S. § 3127.

Is it a crime to pee in public in PA?

If you are accused of defecating or urinating in public, you may face indecent exposure or open lewdness charges. In the best-case scenario, you receive a public urination ticket that carries a fine of no more than $300 under Public Places – Prohibited Conduct § 10-609. If this is the case, you can pay a $50 fine within eight days of the ticket, and the charges against you should be dropped.

Contact Our Pennsylvania Sexual Crimes Defense Lawyers

If you have been charged with indecent exposure in Pennsylvania, it is crucial you speak to an experienced Pennsylvania sex crimes defense attorney in order to ensure your rights are protected and your future holds some hope.

The sex crimes defense attorneys of Ciccarelli Law Offices have successfully represented individuals throughout the state of Pennsylvania that have been accused of sexual assault crimes. O Contact us now at (610) 692-8700 or call toll-free (877) 529-2422. Don’t wait—contact an attorney immediately.