By - According to a survey conducted in 2014, 65% of women and 25% of men in the U.S. reported experiencing street harassment in their entire lifetime.
- 41% of women stated that they have faced public indecency and physical harassment, including being groped or flashed.
- 8 out of 10 women have been a victim of indecent exposure in public in the enture world.
As women, we do not have to really search for public indecency meaning. Unfortunately, this is something that most of us have experienced in our lives (more than once).
However, there are certain aspects of this which might just be punishable under law. And guess what? Knowing this can make things easier for so many people.
Basically, it is exactly what you think it is. However, it does not really revolve around the violence that most people commit publicly. Rather, it is about the sexual exposure in public.
“I have seen that literally so many times. And there’s nothing that we can do about it!”
I am sorry. That’s not really the case. What a lot of people do not know is that there are legal steps that you can take to fight creepy men, or even (in some cases) women.
If that’s what you want to know about, stay tuned!
What Is Public Indecency Meaning?
Okay, so first things first, what is the meaning of public indecency?
If I have to explain it in rather simple terms, I would say that public indecency is doing anything sexual or “inappropriate” in public.
When someone does something sexually in the public space so that others can see and feel uncomfortable with it, that’s what we can call public indecency.
And no, it is not even about having sex in public. Rather, it is the very act of showing or exposing certain body parts or even touching someone in a sexual way. In public.
Public Indecency Meaning Under Law
One of the most common statutes that people often refer to when talking about public indecency, meaning under the law, is Colorado’s Public Indecency Law (C.R.S. 18-7-301).
And to understand what public indecency laws are all about, I spent some time understanding this particular statute.
According to this law, anyone who does anything from the following sections in public is said to have committed public indecency:
- (a) Having sexual intercourse in a public area.
- (c) Exposing private parts (like buttocks or breasts—not genitals) in a way that’s meant to turn someone on.
- (d) Touching or caressing someone else in a sexual way.
- (e) Intentionally showing your genitals when it’s likely to offend or upset someone.
Please Note: Sections (b) and (3) were removed by law in 2010.
Example Of Public Indecency
While not all of us might need examples to understand the public indecency meaning, these might help you understand what really counts as one. And what doesn’t!
Therefore, let’s break this down into real-world examples. These are situations that could legally be seen as public indecency:
Examples that could lead to charges:
- A couple engaging in sexual acts in a public park.
- Someone flashing or mooning others on the street.
- A person touching their partner in a sexually suggestive way on public transport.
- Exposing genitals in front of strangers, especially children.
- Filming a sexual video outdoors without blocking public view.
Now, what probably wouldn’t count:
- Accidentally showing underwear if your clothes slip.
- Changing a baby’s diaper in a park.
- Sunbathing in a bikini at the beach.
Remember, what truly makes all the difference here is that intent. If it’s clearly sexual or inappropriate, it’s more likely to be seen as public indecency.
What Are The Legal Consequences Of Public Indecency?
In California, to give you an example, indecent exposure is only a misdemeanor. Subsection 1 of California Penal Code Section 314 defines the behavior of a person who:
- Intentionally and lewdly.
- Exposes their body or genitals.
- Does so in any place open to the public where people can be offended or disturbed by the exposure.
This act is only punishable if there is lewd intent. Lewdness here means a sexual desire or motivation.
Moreover, this law will also apply if we are able to consider the criminal’s home a public place.
For instance, if they are at the window and aware that there is someone outside whom they can offend or annoy, then this applies.
Suppose the perpetrator commits the act of indecent exposure in the house. In that case, the penalty will increase to a maximum of one year in jail or prison if the offender enters the residence without consent.
Also, just in case I have not made it clear to you, the repetition of a second or more acts of public indecency can result in felony conviction.
While talking about Florida, a person cannot be found guilty if there was no intention to be lewd, lascivious, or indecent.
A first-degree misdemeanor is the most serious charge in that category. If someone is charged with a new crime after being previously convicted of a similar crime, it can lead to a third-degree charge.
Penalties Of Public Indecency
The law has different levels of punishment depending on how serious the behavior is:
1. Class 1 Petty Offense: This is the usual charge for public indecency. Some of the most common penalties include:
- Up to 6 months in jail.
- A fine of up to $500.
- Possible community service.
2. Class 1 Misdemeanor: This happens if someone repeats the offense, especially if it involves exposing genitals. The penalties are:
- Up to 18 months in jail.
- Higher fines.
- May lead to sex offender registration (depending on the case).
Is Public Indecency Possible On Online Forums?
That’s a good question—and the answer is not directly, but similar behavior online can lead to other charges.
Public indecency usually means something done in physical public spaces, like a street, park, or store.
However, online behavior can fall under other crimes:
- Indecent exposure via webcam: If it’s non-consensual or shown to minors
- Cyberflashing: Sending explicit images to strangers
- Sharing explicit videos or photos without consent: May lead to “revenge porn” or harassment charges
- Livestreaming sexual acts in public: Even if shared online, the act happened in public
So, while “public indecency” might not be the technical term online, you can still get in trouble for doing similar things over the internet.
Can You File A Complaint Against Public Indecency?
The simplest and shortest answer to this is a big yes.
If you are someone who has witnessed public indecency or faced it in person, you have every right in the world to report it to the police. Here are some of the things that you need to do when it comes to filing a complaint for public indecency:
- Stay safe: Don’t confront the person directly.
- Note details: Time, place, what you saw, and a description of the person.
- Call 911: If it feels threatening or involves a child.
- File a police report: Even if it seems minor, it’s worth reporting.
- Talk to a lawyer: If you were directly harmed or want to take further legal action.
And yes, you should not think twice when filing a complaint against indecent exposure or behavior in public. Reporting helps protect others and discourages similar behavior in the future.
What To Do If You Face Public Lewdness Charges?
Yes, there can be times when you are confused about why you are facing such a charge. For instance, according to a Reddit Thread, a user mentioned a story where he was given a ticket.”
The story? Well, a woman saw him having a “good, jolly time” in his car after being a “little aroused by an advertisement of Victoria’s Secret.” After that, she had called up the police, who did not arrest him but gave him a ticket.
Now, the author’s point here was: he did not have any “ill will” and was confused if he would be called a sex offender.
Under the comments, everyone advised this fellow to do one thing: Hire an attorney ASAP! And they have reasons.
If you face such an allegation or charges, where you think you deserve a chance to explain the scenario, it is best that you hire a lawyer, particularly in the field of criminal defense.
These legal professionals are the best ones who know the law related to such cases. They will be able to tell you whether you really are at fault. And if you are, they will be able to fight to reduce the sentence or penalty.
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