Indecent exposure is treated as a sex crime in Alabama and has lasting consequences for those arrested and convicted. It may land you in jail, on the sex offender's registry, and out of gainful employment.
The crime of indecent exposure involves several elements that must be proven beyond a reasonable doubt by the prosecution. Some of these elements involve thoughts going on in the defendant's mind during the act and must be inferred by dubious circumstantial evidence. If you have been arrested for indecent exposure, call an attorney right away, and do not speak to law enforcement or prosecutors. Your statements may be taken out of context to show your “intent to gratify sexual desire,” a requirement to convict indecent exposure in Alabama.
Huntsville Indecent Exposure Lawyer
Though the crime of indecent exposure is a misdemeanor, it should not be taken lightly. Law Offices Of Segal & Segal believes in the innocence of our clients and the right of every individual to a defense in court. Crimes of a sexual nature can bring a wave of turmoil into your life. With Law Offices Of Segal & Segal working for you in the courtroom, you can feel confident about your case and free to focus your attention on other matters in your life.
If you have been arrested for indecent exposure in the Huntsville-Decatur area, call (256) 533-4529 or send an online message to speak further about your case. Andrew Segal or Sandra Segal will take the time in a free consultation to review your case and recommend where to go from here.
Madison County Indecent Exposure Information Center
- How this crime defined in state law?
- What are the consequences if a person convicted is convicted of this offense?
- Are there any defenses to these charges?
Prosecutors must prove each element below in order to reach a guilty verdict for indecent exposure, defined in Ala. Code § 13A-6-68, as:
- A person
- With the intent to arouse or gratify sexual desire of himself or of any person other than his spouse
- Exposes his genitals
- Under circumstances in which he knows his conduct is likely to causes affront or alarm
- In a public place or on the private premises of another or so near thereto as to be seen from such private premises
Indecent exposure is a Class A misdemeanor in Alabama, punishable by up to one year in jail and $6,000 in fines. Depending on the case, indecent exposure may place a defendant on the sex offender's registry.
If you are convicted of a sexual crime, employers will be less likely to hire you as they will calculate the risk they take of facing future civil liability due to your actions as an employee.
A sexual crime may also bar you from receiving or maintaining a professional license in Alabama.
The first element the prosecution must prove is that you are the person who is involved in the act. Law Offices Of Segal & Segal will present any evidence available to invite doubt and place you out of the time and scene of the act. This includes alibis, mistaken identity, or a simple lack of evidence on the part of the prosecution.
The prosecution must also prove that the defendant exposed their genitals, including the anus or breasts. Breastfeeding is specifically exempted from indecent exposure.
If there was no intent to gratify a sexual desire, but the exposure occurred for an unrelated reason, there can be no conviction of indecent exposure. Additionally, the law has found that if the victim consented, even in an unspoken manner, there shall not be cause to convict for indecent exposure. Your defense lawyer will investigate the credibility of witnesses used against you and their actions during the event as well as history of sexual complaints.
If you were compelled to expose your genitals under duress or coercion, the court must not find you guilty. If the prosecutors have a weak case, there may also be a possibility to reduce the charge to public lewdness, a Class C misdemeanor, or dismiss the case altogether.
Find the Best Indecent Exposure Lawyer in Huntsville
Attorneys Andrew Segal and Sandra Segal have spent decades in the legal field and know that the system can railroad innocent people. Though a stigma remains around sexual crimes cases, Law Offices Of Segal & Segal believes its clients, and every accused person, is innocent until proven guilty. We will work to introduce doubt into each claim made by the prosecutors of your case. Call us today at (256) 533-4529 to set up a free consultation and further discuss how to handle and finally close this unwanted chapter in your life.