If you’re facing indecent exposure charges in Birmingham, Alabama, you may not realize how serious the situation is. A conviction can result in jail time, fines, and sex offender registration requirements.
When you’re facing sex crime charges that could affect the rest of your life, let Jaffe, Hanle, Whisonant & Knight, P.C., stand up for you throughout the legal process. Call us now at (205) 930-9800 to schedule a free consultation with a Birmingham indecent exposure lawyer.
Why Choose Jaffe, Hanle, Whisonant & Knight, P.C. for Help With an Indecent Exposure Charge in Birmingham, AL?
Indecent exposure charges in Birmingham, AL, can carry serious criminal and personal consequences. A Birmingham sex crimes lawyer can review the evidence, explain the possible penalties, and determine which defenses may apply.
Clients turn to Jaffe, Hanle, Whisonant & Knight, P.C., because:
- Our attorneys bring 100 years of combined criminal defense experience to the table.
- Both senior partners at our firm have served as presidents of the Alabama Criminal Defense Lawyers Association.
- Hundreds of positive client reviews reflect our dedication to the people we represent.
Being accused of any sex crime is something you should take seriously. Our team is ready to examine the circumstances and help you prepare a strong criminal defense. Contact the firm today to schedule a free case consultation with a Birmingham criminal defense attorney.
What Is Indecent Exposure Under Alabama Law?
Under Alabama Code § 13A-6-68, a person commits indecent exposure by exposing their genitals with the intent to arouse or gratify sexual desire under circumstances in which they know the conduct is likely to cause affront or alarm.
The law does not limit the offense to conduct in a public place. An allegation may arise from conduct in a public or private setting, depending on who was present and what the accused intended and knew at the time.
For that reason, the context surrounding the alleged exposure is important. Our Birmingham indecent exposure attorneys can help you investigate your case, evaluate the prosecution’s evidence, and build a strong defense strategy.
What Are the Penalties for Indecent Exposure in Birmingham, Alabama?
The penalties for indecent exposure depend in part on a person’s prior record. Any charge should be taken seriously, even when it is filed as a misdemeanor.
Misdemeanor Indecent Exposure
Under current Alabama law, indecent exposure is generally a Class A misdemeanor unless the person has a certain number of indecent exposure convictions. A Class A misdemeanor can carry up to one year in jail and a fine of up to $6,000.
A conviction can also require registration in the state’s sex offender registration and ongoing verification under Alabama’s sex offender registration law. After a first indecent exposure conviction, a person generally is not displayed on Alabama’s public sex offender registry website solely because of that conviction. However, registration obligations still apply.
Felony Indecent Exposure
Indecent Exposure can become a Class C felony when a person has multiple prior convictions for indecent exposure. A Class C felony can carry one year and one day to 10 years in prison and a fine of up to $15,000.
Depending on the circumstances, qualifying sex-offense convictions may also subject a person to broader sex offender registration, notification, residence, and employment restrictions. The exact consequences depend on the conviction history and the version of the law that applies.
What Defenses May Be Available in an Alabama Indecent Exposure Case?
If you’re charged with indecent exposure, the prosecution must prove every element of the offense beyond a reasonable doubt. The defenses available will depend on the facts and evidence.
Lack of Sexual Intent
The prosecution must prove that the exposure was intentional and done for the purpose of sexual arousal or gratification. Evidence that the exposure was accidental or lacked the required sexual intent may prevent the state from proving an essential element of the charge.
False Allegation or Mistaken Identity
A person may be mistakenly accused due to unreliable identification caused by factors such as confusion, poor lighting, or a deliberately false report. Evidence that the accused was misidentified or that a witness misunderstood what occurred may create reasonable doubt.
Lack of Knowledge
The prosecution must also prove that the accused knew the conduct was likely to cause affront or alarm. Evidence about the location, who could observe the conduct, and what the accused understood at the time may be relevant to this element.
Being inside a home or another private location does not automatically prevent a conviction. However, the setting may matter when determining whether the accused had the knowledge required by the statute.
Insufficient or Unlawfully Obtained Evidence
The state may lack reliable witnesses, video footage, physical evidence, or other proof needed to establish the charge. Inconsistencies in witness accounts or gaps in the investigation may weaken the prosecution’s case.
There may also be concerns about an unlawful search, seizure, or interrogation. If police obtained evidence in violation of the accused’s constitutional rights, the defense may ask the court to suppress it. When a judge grants the motion, the prosecution cannot use the affected evidence at trial.
Defending an indecent exposure case is not always simple, but an arrest or charge is not the same as a conviction. A Birmingham criminal defense lawyer can examine the evidence and identify the defenses supported by the facts.
Contact Our Birmingham Indecent Exposure Lawyers for a Free Case Review Today
If you’re facing indecent exposure charges in Birmingham, the possibility of jail, registration requirements, and damage to your reputation can be overwhelming. You do not have to make decisions about your case without understanding your legal options.
The team at Jaffe, Hanle, Whisonant & Knight, P.C., can review the evidence, protect your rights, and develop a defense strategy tailored to the circumstances. Contact us to schedule a free consultation with a Birmingham indecent exposure attorney.