TYPES OF PUBLIC INDECENCY OFFENSES

You've probably heard reports of crimes known as “public indecency,” but what you may not know is that this is actually an umbrella term that encompasses several different acts involving either nudity or sexual activity.

These actions are usually intended to shock, arouse, or offend others through exhibitionism or promotion of obscenity, and are not protected under the right to “free expression” guaranteed by the First Amendment due to their morally reprehensible nature.

To help you better understand what actions could land you in trouble with the law, here is a brief explanation of acts that could be considered public indecency and what penalties they could carry under Tennessee law.

INDECENT EXPOSURE

Tennessee law defines “indecent exposure” as two separate actions. First, intentionally exposing your genitals or buttocks to someone else or touching someone else's intimate parts with the reasonable expectation that the act is going to be viewed by another.

An important facet of this crime is that performing it on private property with the intention of being seen by others can still qualify as indecent exposure, even if you were technically on private premises. In other words, if you intend to expose yourself, ensure your windows and shutters are closed, or you might face legal issues.

Secondly, exposing yourself to a child in a private setting by inviting them to your private residence for the purpose of gratification or offense is considered indecent exposure and considered against the law, regardless of the non-public nature of the exposure.

Indecent exposure is usually considered a Class B misdemeanor for first-time offenses, which includes a $500 fine. A third or subsequent offense is considered a Class A misdemeanor, which can carry up a jail sentence of up to 11 months, 29 days and/or a $1,500 fine. Three or more indecent exposure convictions will require the offender to be listed on the sex offender registration. However, you may be eligible to have your registration removed ten years after your sentence is completed.

Further, if the defendant is at least 18-years-old and the victim is under 13-years-old, then the offense is considered a Class A misdemeanor. If the defendant is at least 18 years old and the victim is under 13-years-old, and the defendant has two or more convictions under indecent exposure or public indecency or is a sex offender, then the offense is a Class E felony. Other circumstances that can classify the offense as a Class E felony include if the offense happened on school property (public or private), a licensed day care center, or other child care center during a time when child(ren) are likely to be present.

Indecent Exposure [TN Code § 39-13-511 (2024)] does not apply to a mother who is breastfeeding her child in any location, public or private.

PUBLIC INDECENCY

Public Indecency is similar to indecent exposure, but takes things a step further, and therefore is considered a more serious crime. Whereas indecent exposure is simply exposing yourself to the public, lewd conduct includes actual sexual activity, such as engaging in intercourse in public, public masturbation, displaying genitals in an aroused state, and other sex acts.

Like public nudity charges, public indecency in its simplest form starts as a Class B misdemeanor punishable with a $500 fine. A third or subsequent offense is considered a Class A misdemeanor, which can carry up a jail sentence of up to 11 months, 29 days and/or a $1,500 fine. The circumstances in which the crime occurred, such as doing so while at a public school, daycare facility, or another childcare center, where the defendant should know that child(ren) could be present, can increase the offense to a Class E felony.

PROSTITUTION OR PROMOTION

Prostitution or patronizing a prostitute are not necessarily public exposure crimes, but are often thought of in the same light because of the fact that these some of the transactions begin in the public sphere.

Prostitution entails participating in any type of sexual activity in return for compensation, which may not solely be monetary. Promoting prostitution encompasses finding individuals looking to hire a prostitute and linking them with those available for such activities. Lastly, patronizing a prostitute refers to seeking the services of someone involved in prostitution.

All of these actions could have criminal consequences if convicted. Patronizing a prostitute is perhaps the lightest of the three, considered generally to be a Class B misdemeanor. However, this crime could be bumped to a Class A misdemeanor in certain circumstances, which carries a minimum of seven days of incarceration and a fine of $1,000.

Prostitution itself is also considered a Class B misdemeanor, with the possibility of being bumped to a Class A misdemeanor if the act is committed within a mile and a half of a school (any grade from kindergarten through 12th grade). Finally, promoting prostitution the most serious of these offenses is considered a Class E felony.

Being charged with a crime is not the same as being convicted of a crime. If you find yourself facing charges of any of these sex crimes, speak with a Murfreesboro criminal defense attorney from The Clarke Law Firm today! Call us at (615) 796-6299 (Para Espanol 615-809-1255) to request a case evaluation and start developing your defense immediately.