Raleigh NC Indecent Exposure Attorney
Indecent exposure is a class 2 misdemeanor in North Carolina, and if a person shows his/her private parts in a public place in front of one or more people, he/she can be arrested and charged with this crime. Furthermore, if the individual shows his/her private parts in front of children, he/she could then be looking at a felony punishable by imprisonment and an addition to the NC sex offender registry, which will make the defendant’s crimes public knowledge.
As such, if you’ve been charged with indecent exposure, you need to contact a prominent Raleigh NC criminal defense attorney as soon as possible. We at the Law Office of Dewey P. Brinkley have successfully defended many individuals charged with sex crimes, and it is our goal to work with you, one-on-one, to build a strong defense and achieve a favorable outcome. To speak with attorney Brinkley regarding the details of your case, call our Raleigh law firm today at (919) 832-0307.
Penalties for Indecent Exposure in North Carolina
It is important to remember that indecent exposure is not necessarily a “cut-and-dry” crime. For instance, if a man is showing his private parts at a coffee shop during the morning rush, this may be a clear example of an offense taking place; on the other hand, if a mother is breastfeeding her child in public, she is not committing indecent exposure.
According to North Carolina G.S. § 14-190.9, a person can be guilty of a class 2 misdemeanor if he/she “willfully exposes the private parts of his or her person in any public place and in the presence of any other person or persons.” An exception to this law includes places designated for a public purpose where the same sex exposure is incidental to a permitted activity.
Furthermore, there are several other nuances to this law, such as with the woman breastfeeding example above. Again, the law states that breastfeeding in public is legal, “irrespective of whether the nipple of the mother’s breast is uncovered during or incidental to the breastfeeding.” Also, sexually oriented businesses, such as strip clubs and topless bars, may be permitted to allow nudity as long as the business has the proper authority from local governments.
If charged with indecent exposure as a class 2 misdemeanor, the defendant may be looking at up to 30 days in jail and/or a fine of up to $1,000, as well as probation and community service.
Additionally, if a person who is over 18 years of age willfully exposes his/her private parts in any public place in the presence of any other person less than 16 years of age for the purpose of arousing or gratifying sexual desire, then that person can be guilty of a Class H Felony (penalties here may include a lifetime addition to the sex offender registry).
Defenses for an Indecent Exposure Charge
If charged with indecent exposure, it is important to not panic and remember that you have a few options available. Before speaking to police and others, it is a good idea to contact a leading Raleigh criminal defense attorney to represent your case and stand by your side. Some potential avenues of defense may include:
- Proving that the conduct was witnessed by a competent witness.
- Showing that the conduct occurred in private.
- Asking if the “private parts” really considered “private” under the law.
- Showing that the conduct occurred in a place where nudity is to be expected
- Showing that the defendant has a clean record
- Showing that the defendant was entrapped or enticed into committing the crime.
Call Attorney Dewey Brinkley for a Free Consultation
Although a class 2 misdemeanor in most cases, indecent exposure is a very serious crime that can have long-term, detrimental consequences, especially in terms of social consequences. Furthermore, with the potential of long-term imprisonment as well as a lifetime addition to the sex offender registry, you need to defend your case as vigorously as possible with expert attorney Dewey P. Brinkley. We’ve successfully defended many individuals charged with sex crimes, and we relentlessly fight so that we can give your case a strong foundation to either prove your innocence, get the charges dropped, or achieve alternative or reduced sentencing.
For a free, no-obligation consultation with criminal defense attorney Dewey Brinkley, call our Raleigh NC law firm today at (919) 832-0307.