Indecent exposure charges are always a surprise when they happen. Even more surprising, they carry up to five years imprison and $10,000 in fines if minors were present. That’s why you need to hire experienced and resourceful Philadelphia indecent exposure defense lawyers on your side at Shuttleworth Law P.C. to fight the case against you.
“Most people think of indecent exposure as not being very serious. Unfortunately, the opposite is true. Avoid trying to “think” your way out of it; I have known some truly brilliant people that have tried, and in doing so, made some small legal mistakes and landed in jail. Instead, rely on the one person who has the tools, knowledge, and resources you want and deserve: your Philadelphia indecent exposure defense attorney.”Brad V. Shuttleworth, Esq.
Founder & Philadelphia Criminal Defense Lawyer, Shuttleworth Law P.C.
Get a Free Case Evaluation with Shuttleworth Law P.C. Now
You don’t have to hire a legal team without getting more information first. Call 888-529-3486 for a Free Case Evaluation or message our founder directly, Brad V. Shuttleworth, Esq. via the intake form here. Let us know if you would like to meet in person or on secure video conferencing to make our services as private and discreet as possible.
Caught With Your Pants Down? Make Prosecutors Prove It!
The prosecutor assigned to your case is responsible for proving THEIR allegations against YOU. They might have dashcam footage, officer testimony, and other forms of seemingly damning evidence. However, none of that matters if they didn’t follow legal procedure or violated your civil rights.
That’s the power of having Philadelphia indecent exposure defense lawyers on your side. If you hire Shuttleworth Law P.C., we will comb your case for any single shred of evidence that proves THEY were wrong for arresting you in the first place.
Under 18 Pa.C.S. § 3127, prosecutors must also prove the following to get a conviction:
- Element #1. You intentionally exposed your genitals, and;
- Element #2. You were in a public place or visible to others, and;
- Element #3. You should have anticipated that people would be alarmed
If they cannot prove these elements, then they should not be able to get a conviction. However, without Philadelphia indecent exposure defense lawyers on your side, how will you ensure that they understand your side of the story?
You Could Also Face Open Lewdness or Disorderly Conduct Charges
As if indecent exposure isn’t enough, the Commonwealth allows police to charge you with open lewdness and disorderly conduct. Sure, it might have been “one hell of a night,” but who wants to be known for this kind of mistake for the rest of their life, especially when you could’ve fought the charges and won?
Your Philadelphia indecent exposure defense lawyers at Shuttleworth Law P.C. can also help you address Open Lewdness or Disorderly Conduct charges:
Open Lewdness Charges
A lewd act does not have to happen in public for it to be illegal. For example, you could face open lewdness charges for conduct in your home that happened in front of a window, even if you were unaware others could see you. Per 18 Pa.C.S. 5901, Open Lewdness is a third-degree misdemeanor, which carries up to one year in prisons and fines up to $2,500.
Disorderly conduct is another set of charges on the line. It’s a third-degree misdemeanor that prohibits any inconvenience, annoyance, or alarm by way of fighting, making excessive noise, using obscene language and gestures, or creating hazards that serve zero purposes under 18 Pa.C.S. 5503.
Find Out How Shuttleworth Law P.C. Could Help
Do not accept a plea deal for indecent exposure, open lewdness, or disorderly conduct charges in Pennsylvania. You can fight your charges more efficiently and effectively with Philadelphia indecent exposure lawyers on your side, and if you win, you get to maintain your clean record. Call Brad V. Shuttleworth, Esq. for a Free Case Evaluation at 888-529-3486.
Here’s How an Indecent Exposure Charge Could Disrupt Your Life
Indecent exposure is a second-degree misdemeanor in Pennsylvania unless the complainant or victim is 16 years of age or younger. If this applies to your situation, the law grades your charges as a first-degree misdemeanor. The penalties will vary according to whether you face first- or second-degree misdemeanor indecent exposure charges.
Here are the penalties on the line:
- First-degree misdemeanor conviction:
Up to five years imprisonment and fines up to $10,000
- Second-degree misdemeanor conviction:
Up to two years imprisonment and fines of up to $5,000
If you also receive a third-degree misdemeanor conviction for open lewdness or disorderly conduct, you could face one-year imprisonment and up to $2,500 in fines. Put experienced Philadelphia indecent exposure defense lawyers at Shuttleworth Law P.C. on your side to fight your charges.
Plus, the Deadline to Prosecute Your Case Is Long
Thinking about using a statute of limitations defense? If it hasn’t been at least TWO YEARS since the date of your arrest, this option won’t work.
Commonwealth prosecutors have up to two years from the date of the offense to bring charges against you in court unless the crime was against a minor. Now, if the alleged victim is under 18, prosecutors have until their 55th birthday to prosecute you.
Example: Let’s say you and your partner are 23, and you both sneak off for an “afternoon delight” in a public park. Without your knowledge, two 15-year-olds are laughing and watching in the distance, which attracts the attention of the police and your subsequent arrest. In this case, the prosecutor could go after both of you up until you’re around age 63!
The example, in this case, is extreme. However, it sets the scope for any possibility, which is information that you need at this moment. Get in touch with our Philadelphia indecent exposure defense lawyer at Shuttleworth Law P.C. today.
Were Minors Present? Start Defending Your Case NOW
Penalties become significantly harsher if children were present during the alleged act. There could also be more severe consequences if you were at or near a school. Prosecutors may also approach your case more aggressively if you have priors, particularly for a sexual offense.
Several legal defenses apply to indecent exposure cases. Your Pennsylvania indecent exposure defense attorneys will review your case for viable defenses, including:
- Possible Defense #1
You didn’t intend to expose yourself
- Possible Defense #2
You have a condition that required intervention
- Possible Defense #3
You exposed yourself accidentally
- Possible Defense #4
It wasn’t you
- Possible Defense #5
You didn’t expose yourself
- Possible Defense #6
Your civil rights were violated
- Possible Defense #7
You thought that you were in a private space
- Possible Defense #8
There isn’t enough evidence to convict
The list above is an off-the-top reference of some possible defenses that could apply to your case. However, when Shuttleworth Law P.C. starts reviewing the facts, we could discover an entirely new and different strategy. Regardless, you can count on your Philadelphia indecent exposure lawyers to analyze the facts and evidence thoroughly to reveal potential alternatives.
Top Tips for Dealing with Your Charges in PA
Protecting your legal rights is challenging after an arrest. There are so many questions about what to do, what to say, and where to turn for help.
Here are two of our top tips for handling charges in Pennsylvania:
Tip 1. No Talking to Police
Do not speak to detectives or police without your lawyer. Most people think that explaining their side of the situation will get them out of cuffs. Unfortunately, that strategy typically backfires, so politely inform any officers or prosecutors that you’re looking for an attorney to stave off jarring interrogations.
Then, ensure you actually hire Philadelphia criminal defense attorneys to represent your case. Law enforcement is not on your side.
Tip 2. Take Action Early
Once you obtain representation, your indecent exposure defense lawyers in Philadelphia will exhaust all possibilities to set you free. Shuttleworth Law P.C. could even get you out of your charges in some cases. On the other hand, if the prosecutor refuses to acknowledge our evidence, we aren’t afraid to present your case at trial.
Call Philadelphia Indecent Exposure Defense Lawyers for a Free Case Evaluation
You have the legal right to learn more about your options before hiring Philadelphia indecent exposure defense lawyers. Call 888-529-3486 or message us below to schedule a Free Case Evaluation. Let us know if you want to meet in person throughout Pennsylvania or South Jersey or via secure video conferencing to make the experience as private as possible.
Indecent Exposure Defense FAQs
Indecent exposure is an embarrassing charge to have on your record. The Philadelphia indecent exposure defense lawyers at Shuttleworth Law P.C. want to help you put as much control back on your side of things as possible.
Below, we have answered a few frequently asked questions (FAQs) to offer additional legal information that could potentially apply to your situation:
What is the penalty for indecent exposure in Pennsylvania?
There are two types of penalties for indecent exposure in Pennsylvania if convicted. If you should have known that the victim was under 16, the law grades the crime as a first-degree misdemeanor, which could include up to five years imprisonment and fines that do not exceed $10,000. Otherwise, an indecent exposure conviction is a second-degree misdemeanor, carrying up to two years imprisonment and fines of $5,000.
Is indecent exposure a felony in Pennsylvania?
No, indecent exposure is not a felony in Pennsylvania. The law grades the offense as either a first- or second-degree misdemeanor. It is a first-degree misdemeanor if the person present was under the age of 16, and you knew or should have known that, and all other indecent exposure cases are second-degree misdemeanors.
How do you prove indecent exposure?
Prosecutors representing the Commonwealth of Pennsylvania prove indecent exposure by meeting specific elements. They must prove that you exposed your genitals in a public place or under circumstances where you should have known that your actions would have offended other people that were present. Without evidence of your guilt, you should not face an indecent exposure conviction.
Is it indecent exposure if no one is around in Pennsylvania?
It may or may not be indecent exposure if no one is around in Pennsylvania. The law defines the offense as the exposure of your genitals in any public place where you knew or should have known others were around at the time of the alleged act. If you did not see anyone around but should have anticipated that they could be there, then you may face indecent exposure charges.