Public indecency is a criminal offense in Utah that involves engaging in inappropriate or offensive behavior in a public setting. This law is designed to maintain public decency and order by prohibiting conduct deemed inappropriate for public spaces. Public indecency charges can vary from minor infractions to more severe misdemeanor charges, depending on the specific actions and circumstances.
Salt Lake City Public Indecency Defense Attorney
Susanne Gustin is a trial-proven criminal defense attorney and is well respected in Utah Courts for her skilled compassionate defense of those accused. She actively pursues every possible option to obtain the best possible result in each case, including dismiss and reduction of charges.
Call Susanne Gustin, Attorney at Law at 801-243-2814 or submit an online form to schedule a confidential consultation. Susanne Gustin, Attorney at Law strongly represents individuals facing sex crime charges throughout Salt Lake County and Davis County, including Salt Lake City, West Valley City, Layton, Bountiful, West Jordan, Sandy, and surrounding communities.
Information Center for Public Indecency in Utah
What Is Public Indecency in Utah?
Under Utah Code § 76-9-702, public indecency is defined as engaging in lewd or obscene behavior in a public place or where the behavior is likely to offend or alarm others. This law applies to individuals who intentionally expose themselves or engage in conduct that is considered indecent or offensive. Utah Code § 76-9-702 states as follows:
A person is guilty of lewdness if the person under circumstances not amounting to rape, object rape, forcible sodomy, forcible sexual abuse, aggravated sexual assault, sexual abuse of a minor, unlawful sexual conduct with a 16- or 17-year-old, custodial sexual relations under Section 76-5-412, custodial sexual misconduct under Section 76-5-412.2, custodial sexual relations with youth receiving state services under Section 76-5-413, custodial sexual misconduct with youth receiving state services under Section 76-5-413.2, or an attempt to commit any of these offenses, performs any of the following acts in a public place or under circumstances which the person should know will likely cause affront or alarm to, on, or in the presence of another individual who is 14 years old or older:
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an act of sexual intercourse or sodomy;
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exposes his or her genitals, the female breast below the top of the areola, the buttocks, the anus, or the pubic area;
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masturbates; or
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any other act of lewdness.
Some examples of public indecency include:
- Indecent Exposure: Intentionally exposing one’s genitals or private parts in a public area, such as a park or street.
- Lewd Conduct: Engaging in sexual activity or simulated sexual behavior in public.
- Public Urination: While this is often treated as a separate offense, it can sometimes be charged as public indecency, depending on the circumstances.
- Nudity in Public: Appearing nude in a public space where nudity is not permitted, such as a shopping mall or public transportation.
Penalties for Public Indecency in Utah
The penalties for public indecency depend on the specific actions and whether there are aggravating factors, such as the presence of minors. Public indecency can be charged as a Class C Misdemeanor or escalate to more serious charges.
Class C Misdemeanor:
Typically applies to less severe cases of public indecency.
- Penalties:
- Up to 90 days in jail or
- Fines up to $750.
Class B Misdemeanor:
Applies to more serious offenses, such as indecent exposure with lewd intent.
- Penalties:
- Up to 6 months in jail or
- Fines up to $1,000.
Sex Offender Registration
If the act involves minors, the charges can escalate to a felony, leading to harsher penalties, including longer imprisonment and higher fines.
In cases involving minors or repeated offenses, the defendant may be required to register as a sex offender. Sex offender registration is a legal requirement in Utah for individuals convicted of specific sexual offenses, such as indecent exposure or public indecency under certain circumstances. Those required to register must provide personal information to local law enforcement, including their name, address, employment, vehicle details, and other identifying information. The purpose of the registry is to monitor offenders and promote public safety by informing communities of nearby offenders.
In Utah, the duration of registration depends on the severity of the offense, ranging from 10 years to lifetime registration for more serious crimes. Public access to registry information is available online, allowing residents to determine if offenders reside in their area.
Registered individuals must regularly update their information and comply with strict reporting requirements. Failure to comply can result in additional penalties, including fines, jail time, or felony charges. Additionally, registered offenders may face restrictions on where they can live or work, particularly if their offenses involved minors. These restrictions often include prohibitions against residing near schools, parks, or daycare centers and working in environments with children.
Defenses Against Public Indecency
Several defenses may apply to public indecency charges, depending on the circumstances:
- Lack of Intent: The defendant did not intentionally engage in indecent behavior. For example, accidental exposure is not typically considered a crime.
- Lack of Witnesses or Evidence: If there is insufficient evidence or no witnesses to prove the act occurred, the charges may be dismissed.
- Not in a Public Place: The incident did not occur in a public setting or where others could reasonably see it.
- False Accusation: The defendant was wrongly accused or misidentified.
Additional Resources
- Utah Code § 76-9-702: Public indecency is a criminal offense in Utah that involves engaging in inappropriate or offensive behavior in a public setting.
- Utah Sex Offender Registration: The Sex Offender Registry Office monitors and tracks all the registered Sex and Child Abuse Offenders in the state of Utah.
Criminal Defense Attorney for Public Indecency in Salt Lake County in Utah
Public indecency charges can carry serious legal and social consequences. If you are facing these charges, it’s crucial to consult with an experienced criminal defense attorney who can help protect your rights and build a strong defense.
Susanne Gustin, Attorney at Law, has decades of experience defending clients against criminal charges in Utah. She provides expert legal representation tailored to your unique circumstances.
For a consultation, contact Susanne Gustin at 801-243-2814. She serves clients in Salt Lake County, Davis County, Layton, Bountiful, Clearfield, North Salt Lake, Centerville, Woods Cross, West Point, and Kaysville.
