Indecent Exposure Laws in Alabama
Under Alabama law, a defendant can be convicted of indecent exposure if the prosecutor proves that the person deliberately exposed their genitals with the aim of arousing sexual desire, either for themselves or someone else, as long as that person is not their spouse. The law also requires that the person knew the act would likely cause offense or alarm. Lastly, the exposure must occur in a public place or on private property where others could see what was happening.
Examples of Indecent Exposure
Examples of behavior that could lead to an indecent exposure charge include situations like masturbating or touching oneself in public, being naked in public, or having sexual contact with someone else in public.
It’s also helpful to know what behaviors are not classified as indecent exposure. For example, breastfeeding in public and working in a strip club or similar adult settings are not deemed to be unlawful under these rules.
Indecent Exposure Penalties in Alabama
If convicted of indecent exposure in Alabama, you could face serious penalties, even though the charge is most often a misdemeanor. A person found guilty may serve up to one year in jail and pay fines that can reach $6,000. In some cases, the conviction may also require the offender to register as a sex offender.
Collateral Consequences of an Indecent Exposure Conviction
A conviction for indecent exposure doesn’t just mean jail time or fines – it can also lead to collateral consequences that affect many parts of your life. These are extra effects that follow your conviction, such as:
- Challenges in finding employment, as a criminal record may limit job opportunities.
- Difficulties with housing, since landlords might be hesitant to rent to someone with a sex crime conviction.
- Restrictions on your right to live or travel freely, especially if you’re required to register as a sex offender.
- Social stigma can impact personal relationships and community reputation.
Because of the serious nature of these charges, it’s always important to work with a criminal defense lawyer if you’re dealing with an indecent exposure case.
Legal Defenses to Indecent Exposure Charges
Legal defenses for indecent exposure charges offer various arguments based on the facts of each case. Defendants might use one or more of these defenses to explain their behavior or the circumstances surrounding the alleged incident. Below are a few approaches that your criminal defense lawyer may consider when you’re facing these charges:
- Lack of Intent: This defense argues that the defendant did not intend to arouse sexual desire or cause alarm. It focuses on showing that the exposure was not meant to be provocative or gratifying in a sexual way. If the intent can be challenged, the charge may not meet the required legal elements.
- Accidental Exposure: Sometimes an exposure might happen unintentionally, such as a clothing malfunction or a momentary lapse in judgment. The defense lawyer presents evidence that the exposure was not deliberate. This defense works because the law requires that the act be done knowingly and with intent.
- Insufficient Evidence: This defense challenges the case by pointing out that the prosecution does not have enough proof to meet every element of the charge. It focuses on gaps or uncertainties in the evidence, such as unreliable witness testimony or unclear video footage. When the evidence falls short, it may lead to dismissal of the charges or an acquittal after trial.
- Mistaken Identity: This approach argues that the person being accused is not the individual who committed the act. It can involve providing an alibi or other evidence that shows the defendant was elsewhere at the time. If the defense proves that there is a reasonable doubt about who was actually responsible, it should lead to an acquittal.
If you have any questions about a case or what defense can be used, reach out today to a sex crimes defense lawyer.
Contact a Birmingham Criminal Defense Lawyer At Jaffe, Hanle, Whisonant & Knight, P.C. Today
For more information, contact an experienced Birmingham criminal defense attorney at Jaffe, Hanle, Whisonant & Knight, P.C. for a free consultation.
We proudly serve clients in Birmingham and all throughout Alabama.
Jaffe, Hanle, Whisonant & Knight, P.C.
2320 Arlington Ave S, Suite 100, Birmingham, AL 35205
(205) 930-9800