Fighting Charges of Exposure of a Person in New York

Fighting Charges of Exposure of a Person in New Yor

Being charged with exposure of a person under NY Penal Law 245.01 can be scary and embarrassing. But experienced criminal defense attorneys can often get these charges dismissed or reduced to avoid serious penalties.

Read on to understand the law, possible defenses, and how the right lawyer can help protect your record and rights after an allegation of public exposure.

The Basics of NY Penal Law 245.01

This statute makes it a violation offense to intentionally appear nude or expose intimate body parts in public view. While less serious than public lewdness, indecent exposure, or sexual misconduct, it still carries penalties if convicted.

To be guilty, the exposure must occur in a public place and be intentional, not accidental. However, sexual intent is not required.

Penalties Upon Conviction

Because exposure of a person is a violation, not a crime, penalties are relatively minor compared to sex offenses. They include:

• Up to 15 days in jail
• Fines up to $250
• A criminal record, but not sex offender registration

But even a minor violation conviction can hurt job prospects, custody rights, and your reputation. So fighting the allegations is critical.

Common Defenses an Attorney Can Raise

Skilled criminal defense lawyers often get charges dismissed pre-trial by arguing:

• You did not intentionally expose yourself
• Any exposure was purely accidental
• There was no exposure of “private or intimate parts”
• The alleged exposure did not occur in a public place
• Mistaken identity
• False allegations for ulterior motives

An attorney thoroughly investigates the circumstances to build the strongest case for dismissal.

Should You Make a Statement to Police?

Never make any statements to police without your lawyer present. Be polite but decline to answer questions. Anything you say can be used against you.

Let your attorney handle all communication with law enforcement. They know how to get your side of the story across in the best light.

Can the Charges Impact a Child Custody Case?

Yes, even a violation for public exposure can negatively impact family court proceedings. The accusation makes you appear unstable and risky.

Your attorney can work to get charges dismissed quickly to prevent harm to a custody case. Never assume a minor charge won’t affect the family court’s view of you.

Is There a Sex Offender Registration Requirement?

No. Because NY Penal Law 245.01 is not a sex crime, no registration as a sex offender is required even if convicted. The only penalty is up to 15 days jail and/or a fine.

When Do You Need an Attorney?

As soon as possible after being arrested or accused. An experienced criminal lawyer can often intervene early to prevent charges from being filed.

Don’t delay. The sooner you contact counsel, the better the chances of avoiding prosecution altogether.

Will a Conviction Impact Your Employment?

While not as damaging as a sex crime conviction, employers may still have concerns about hiring someone convicted of public exposure. Certain fields like teaching would be nearly impossible.

Your lawyer will negotiate dismissal or reduction of charges to prevent impact on your job prospects.

Fighting Multiple Charges of Exposure

If accused of repeated exposure offenses, the stakes become higher. Prosecutors view it as an escalating pattern of misconduct and tend to prosecute more aggressively.

Your attorney can argue each incident was a one-off misunderstanding, not a habitual pattern of illegal behavior. Getting charges dismissed pre-trial is critical.

The Benefits of an Experienced Criminal Defense Lawyer

Here’s how the right attorney improves your chances of avoiding penalties for public exposure allegations:

• Up to 30% of cases get dismissed pre-trial
• Over 75% result in plea deals for reduced charges
• Less than 3% go to trial and conviction

Don’t take chances with your future. An aggressive lawyer makes all the difference.

References

• NY Penal Law § 245.01: Exposure of a person – New York Criminal Lawyer
• Exposure of a person, N.Y. Penal Law § 245.01 | Casetext Search + Citator
• Public Lewdness and Exposure of a Person: NY Penal Law 245.00 and 245.01
• Article 245 Penal Law Offenses Against Public Sensibilities – New York Laws
• New York Indecent Exposure & Public Lewdness – The Fast Law Firm
• 501 Grammar & Writing Questions 3rd Edition