Indecent exposure—more commonly known as public indecency in Omaha—is a criminal offense related to performing an obscene or lewd act in public. A conviction for this offense could have severe consequences that follow you for the rest of your life.
Fortunately, you can defend yourself from allegations of indecent exposure with the help of a defense attorney. A solid defense strategy can help you stand up to the prosecution and preserve your future prospects. Reach out to Berry Law and let an Omaha indecent exposure lawyer review your case.
What Qualifies as Indecent Exposure?
According to Nebraska Statute Section 28-806, a public indecency charge is only valid if the indecent act occurs in a public place where it may reasonably be expected to be seen by members of the public. Additionally, individuals under 18 years of age cannot be convicted of this offense.
If there is a reasonable expectation that no one nearby will see, an inappropriate act might not qualify as indecent exposure. However, prosecutors are likely to argue that any exposure to another person was in a place where it was reasonably expected that another adult could view it.
Specific acts that the state considers indecent include:
- Sexual penetration
- Exposing one’s genitals with the intent to alarm or affront another person
- Caressing or fondling another person’s body in a lewd manner
The element of intent in the second example is critical, as unintentional exposure is not a crime. A lawyer may be able to build a strong case around lack of intent.
It is also important to note the statute explicitly states that an individual may breastfeed a child in a public place without fear of prosecution. Your legal counsel could make other defenses based on free speech grounds. An attorney in Omaha can review the facts of your arrest and determine the best defense strategy for your indecent exposure charge.
Penalties for a Conviction in Omaha
According to state law, indecent exposure is a Class II misdemeanor. Unlike many other sex offenses, there are no aggravating factors that could result in steeper penalties for a public indecency conviction. The law sets the maximum penalty at six months in jail and a fine of $1,000.
First-time offenders could avoid jail time in some cases, while repeat offenders could face the entire six months of incarceration. Furthermore, there are various collateral consequences that come with a conviction, including job loss and social stigma. A public indecency lawyer in the area can help you fight for your rights and avoid these penalties.
Call an Omaha Indecent Exposure Attorney Right Away
If you have been charged with public indecency, do not give up hope. An arrest does not guarantee a conviction. There are viable defenses to these charges, and our legal team at Berry Law has achieved positive outcomes for many people facing charges like this.
Put your trust in our Omaha indecent exposure lawyers and give yourself a better chance at an acquittal or even a dismissal of all charges. Call our office today for your confidential consultation.