Bronx laws follow the letter of the law in New York. When a person is arrested for indecent exposure, they are tried for a criminal offense. It’s a sex crime to expose the genitals of oneself in any capacity in the state of New York, and it’s tried as a sex crime. When a person is convicted of a sex crime, it becomes their duty to register every year as a sex offender. It’s humiliating for anyone, and it has a lasting negative effect on the future of anyone found guilty of indecent exposure. A criminal record in addition to registering as a sex offender means many people are unable to find work, to rent a home or apartment, and to carry on living a normal life. That’s where a criminal defense attorney comes in handy to help fight cases like these.
Punishments for Indecent Exposure
To understand why indecent exposure is a sex crime in the Bronx, you must understand what it means. It’s the intentional showing of your genitals in a public area. Yes, it’s true a person doing nothing more than relieving themselves on the side of a highway or building are going to be arrested for indecent exposure and charged with a crime if someone were to catch them.
This is not a law that’s black and white, and it’s not one that’s always handled easily. There are many issues that come into play when someone is charged with indecent exposure. Before a punishment is issued in a court of law, there are many factors the judge in charge of the case looks at before deciding what is an appropriate punishment.
Do you have a criminal past? Have you been charged with or arrested for indecent exposure in the past? Did you expose yourself to a child? Do you have a good defense? Was the crime severe or relatively minor? A good example of a severe indecent exposure charge would be if you pulled your pants down and exposed yourself to small kids. A less serious charge is if you were arrested for relieving yourself in public in a place where there weren’t any people present.
– Up to a year in jail
– Fines up to $1,000
There’s a lot of give and take in a case like this, but there is also a long list of defenses that can be issued when someone is arrested and charged with indecent exposure.
Defense Against Indecent Exposure
There’s always a defense for those who want to see a reduced charge or get off without a conviction at all. This is a misdemeanor crime that might result in up to a year in jail and a fine that won’t exceed four-figures, but it’s going to haunt you forever if it requires you register as a sex offender each year.
Insufficient Evidence – To convict someone of a crime, there must be enough evidence to prove they committed an act without a doubt. If there is not enough evidence in a crime, there cannot be a conviction. Sometimes there are ways to defend this action without spending too much time working on the defense or trial. If there wasn’t another person around, if it wasn’t an act someone committed on their own, or it was an accident, there is a chance there’s insufficient evidence in the crime.
Mistaken Identity – Sometimes people are mistakenly identified as the person who committed a crime despite not doing it. It’s easy when it’s dark or when someone doesn’t get a good look. If you have an alibi, this is a good defense against a charge of this nature.
False Accusations – There are people who believe something happened to offend them when it did not, and that’s called a false accusation. This is a frequent issue when there is jealousy, anger, and revenge in motion to get back at someone.
Lack of Intent – You stopped to use the bathroom on the side of the road because there was no rest area for another 40 miles. You were in the backseat of the car parked in your own driveway having a little intimate time with a loved one. You were getting dressed in your car between work and a function. If someone sees any of your genitals during this time, it’s called indecent exposure. There was no intent to offend or show anyone your body parts, and this is the kind of defense you need to claim.
There are many instances in which indecent exposure is mistaken, and you must only prove it. It’s relatively easy to prove when you did something indecent without any intention of harming another person or allowing anyone to see your naked genitals. It’s the job of a criminal defense attorney to help you prove your case and get through a trial without a conviction. This happens to be one of the only ways to avoid being required to register as a sex offender, and it’s important this case is handled accordingly in the Bronx.
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