Public Indecency in Illinois Explained

 Posted on September 04, 2018 in Criminal Defense

Public indecency in Illinois is not taken lightly. Although the consequences of this criminal charge depend on the particular circumstances of the incident, they are always harsh. Usually, public indecency is considered a Class A misdemeanor. In the event you are charged with a Class A misdemeanor, you may face a year in jail as well as a fine of up to $2,500.

Since public indecency is a sex crime, you may also be required to register as a sex offender. The registered sex offender list can be viewed by anyone and make it difficult for you to keep or land a job, rent a place to live, and/or gain custody of your children. Being registered as a sex offender can also hurt your personal and professional reputation.

Who Can Be Charged with Public Indecency?

Any individual who is 17 years of age or older may be charged with public indecency if they engage in sexual conduct in a public setting or expose their body in a lewd way, with the hopes of satisfying or arousing their own sexual desire in public. It is important to note that while individuals under 16 cannot be charged with public indecency, they may face disorderly conduct charges.

What Constitutes a Public Indecency Conviction?

In order for an individual to convicted of public indecency, the prosecutor is required to establish that they had the intention of lewdly exposing themselves or arousing or satisfying their own sexual desires. This must be proven beyond reasonable doubt.

In addition, the prosecutor must establish that the place where the individual’s actions took place was public. A public place is generally open and accessible to people.

When Does a Public Indecency Conviction Become a Felony?

Public indecency convictions become felonies when individuals have had three or more convictions. In addition, if the crime takes place within 500 feet of a school at a time where there are children, it will also turn into a felony.

Do All Public Indecency Crimes Lead to Sex Offender Registration?

Typically, one occurrence of public indecency does not lead to a sex offender registration. However, multiple occurrences of this crime may warrant an individual’s inclusion on the sex offender list.

Contact a Naperville Defense Attorney

If you have been arrested for a sex crime such as public indecency, it is in your best interest to contact our experienced Naperville sex crimes attorneys today. Call us at 630-953-3000 for a free consultation.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K11-30