Public Indecency Charges in Illinois
Although it may not carry the accompanying stigma of other sex crimes, public indecency is still a sex crime that can affect the remainder of your life. Knowing what it is and how to avoid it can assist in preventing future law enforcement interactions. Understanding how to combat the charges are beneficial as well in that a conviction of this magnitude can affect not only your life but that of your children and family.
Public Indecency Broken Down
Websites exist that exploit the clothing choices of individuals when they leave the house. Many photographs leave viewers wondering about the boundary between comical and legal trouble. Where does self-expression need to be curbed by the law?
Public Indecency is a sex crime. For it to be punishable, the accused perpetrator must be over 17 years of age, and the activity must have occurred in a public location. There are two aspects to it, including:
- Committing a sexual act, penetration or otherwise, or
- Exposing oneself intentionally to arouse sexual desire or to satisfy the sexual desire of someone else.
Make note that exposure does qualify. However, for a conviction, the prosecution must prove intent, which in many cases is a difficult feat to overcome.
Consequences
If convicted, punishment depends on the circumstances surrounding the incident. The general guidelines are:
- First and second offenses are Class A misdemeanors. Class A is the highest ranking of misdemeanors and is one step below a felony. A judge has authority send someone to jail for up to a year and fine them up to $2,500.
- Three or more strikes is a Class 4 felony carries one to three years of jail time for a standard sentence and extended is up to six years as well as fines.
- All cases are considered a Class 4 felony if the incident occurs within 500 feet of school grounds when children are present, and the offender is over the age of 18.
Additionally, if there are three or more convictions, the accused must register as a sex offender on the Illinois State Police website, completed once a year for ten consecutive years. It is unlawful for registered sex offenders to be on school grounds, unless for specific purposes.
If you have any questions about public indecency or perhaps you or a loved one have unknowingly stepped out of bounds and are now facing charges, it is imperative that you speak directly with an experienced lawyer. A conviction of this degree can drastically alter the course of your life if left without the proper representation. If you are interested in discussing your situation with a proven and aggressive Maywood, IL sex crime defense attorney, contact Stringini & Garvey, P.C. today at 630-834-9595 to schedule your free initial consultation. We proudly serve clients in Addison, Glendale Heights, Lombard, Bloomingdale, and all surrounding Chicagoland areas.
Sources:
http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K11-30
http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073000050K5-4.5-45
http://www.isp.state.il.us/sor/faq.cfm
