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An Overview of Pennsylvania’s Indecent Exposure Laws
An Overview of Pennsylvania’s Indecent Exposure Laws
Indecent exposure laws in Pennsylvania aim to prevent people from exposing their private parts in public places where others could be offended or alarmed. But what exactly constitutes indecent exposure? And what are the penalties if you are convicted? This article will provide an overview of indecent exposure laws in PA, including what’s considered illegal, possible defenses, and potential consequences.
What is Indecent Exposure in Pennsylvania?
Indecent exposure is when someone exposes their genitals in a public place or somewhere that other people are present, in circumstances where they should know it’s likely to offend, upset, or alarm others [PA Code §3127]. So basically, it’s flashing your private parts in front of people who don’t want to see that. Gross!
Some examples of indecent exposure could include:
- Streaking naked through a crowd or sports arena
- Having sex in public or in a public bathroom
- “Flashing” someone by opening your coat or other clothing to expose yourself
- Public urination (more on this below!)
Exposing female breasts is not considered indecent exposure under Pennsylvania law, unless done in a lewd manner. Breastfeeding is also legally protected.
Public Urination – Is This Indecent Exposure?
Lots of people wonder if public urination counts as indecent exposure. The answer is – it depends! If you’re actively urinating and your genitals are visible to others, then yes, you could be charged with indecent exposure. But just the act of peeing in public does not automatically equal indecent exposure [6].
For example, if you pee in an alley at 3am where there’s no one around to see you, that alone wouldn’t qualify as indecent exposure under Pennsylvania law. But if you urinate on a crowded sidewalk at noon with your privates hanging out, then you could face charges.
Penalties for Indecent Exposure in Pennsylvania
How serious are the penalties for indecent exposure in PA? It depends whether it’s a first or second degree misdemeanor.
Second Degree Misdemeanor
Most first-time indecent exposure offenses are second degree misdemeanors. This can mean:
- Up to 2 years in jail
- Fines up to $5,000
First Degree Misdemeanor
If the victim is under 16 years old, it becomes a first degree misdemeanor. This can mean:
- Up to 5 years in jail
- Fines up to $10,000
In addition to fines and jail time, indecent exposure may require registering as a sex offender under Megan’s Law or SORNA. This makes your criminal record public – yikes!
Defenses for Indecent Exposure Charges
Just because you’re charged with indecent exposure does NOT automatically mean you’ll be convicted. An experienced criminal defense lawyer can help fight the charges and get them reduced or dismissed. Here are some possible defenses:
- Lack of intent – For example, your pants split open accidentally. You didn’t intend to expose yourself.
- Mistaken identity – Prove it simply wasn’t you.
- False accusations – Seek damages for defamation if someone falsely accuses you.
- Mental illness – In some cases, mental illness may provide a defense or mitigating circumstances.
An aggressive lawyer will dig into the evidence, pick apart the prosecution’s case, and fight for the best possible outcome for you. Don’t go down without a fight!
Pennsylvania has other laws that criminalize similar behavior as indecent exposure:
- Open lewdness – This covers obscene acts in public that don’t involve exposing genitals, like having clothed sex in public or masturbating visibly in public [5].
- Unlawful dissemination of intimate images – It’s illegal to share nude or sexual images of someone without their consent. This includes acts of “revenge porn.”
Conclusion
Hopefully this gives you a better understanding of indecent exposure laws in PA. Flashing people or peeing in front of them can have serious criminal consequences. But an experienced lawyer can help defend your rights. If you’re facing charges, don’t go it alone. Consult with a criminal defense attorney right away.