Indecent Exposure: More Than a Prank
Flashing someone in public or exposing yourself in public may seem like a mild prank, but the law thinks differently. In Oklahoma, indecent exposure is considered a sex crime and a sex crime conviction can haunt a person for years.
Indecent Exposure Defined
In Oklahoma, indecent exposure is defined as:
Willfully and knowingly either lewdly exposing one’s genitals in a public place (any place where people are likely to be offended or annoyed by the action) or procuring or assisting another person to make such an exhibition in public for the purpose of sexual stimulation of the viewer. Okla. Stat. 21 § 1021
Courts have the discretion to impose a wide range of penalties. The more egregious the exposure, the more likely the court will impose a stiff penalty. The same statute that covers indecent exposure also covers child pornography and solicitation of a child to perform in child pornography.
Public Urination
There is a statutory exception for public urination. It is not considered to be indecent exposure. Instead, public urination is covered by the law against public indecency. Public indecency is defined as willfully and wrongfully committing any act which grossly injures another person or their property, which grossly disturbs the public peace or health, or which openly outrages public decency. Okla. Stat. 21 § 22. Public urination is specifically included in the statute, although the law is not limited to public urination.
The crime is a misdemeanor and is not classified as a sex crime.
The Difference Between Indecent Exposure and Public Indecency
In this case, how the charges are framed and the circumstances surrounding the allegation really matter. The gravamen of indecent exposure is grounded in the idea of lewdly exposing one’s genitals for the purpose of sexual stimulation. This is the typical “flasher” who exposes himself in the park to a child.
Public indecency may include behavior that is outrageous, such as having sex in public, but it doesn’t include the lewdness inherent in flashing another. Thus, public urination may offend people, but unless that includes a willful exposure of genitals for the purpose of sexual stimulation, the crime will likely be prosecuted under the indecency statute rather than under the exposure statute.
Sex Offender Registration
Because this is a sex crime, if convicted, you will need to sign up for post-prison supervision on the sex offender registry. Indecent exposure is a Level I sex crime and requires monitoring for a period of 15 years. It can also lead to a prison sentence of anywhere between 30 days and 10 years (25 years minimum if a child under the age of 12 was involved), a fine in the range of $500-$20,000, or both. Okla. Stat. 21 § 1021
It is best to get an acquittal of the charge or a reduced charge if at all possible. Make sure to consult with an experienced Tulsa criminal defense lawyer as soon as possible. Never speak to the police without an attorney present.
Initial Strategy Session with a Tulsa Criminal Defense Attorney
These charges can be frightening to face alone. Contact the Tulsa criminal defense attorney at Seventh Street Tulsa Law Firm for a initial, confidential consultation. Call today at (918) 932-2777. We’ve also provided a form on the right side of this page where you may send your question or inquiry and receive an e-mail reply.