Public Indecency Prosecutions
1. State v. John Doe (2005 – California)
Facts:
John Doe exposed himself to a group of pedestrians in a public park in Los Angeles. Multiple witnesses reported the incident, and police apprehended him shortly after.
Prosecution:
Charged with Public Indecency (Cal. Penal Code § 314), which prohibits lewd exposure in public places.
Outcome:
Convicted and sentenced to 6 months in county jail, mandatory registration as a sex offender, and probation.
Significance:
Established that public exposure in a non-private setting is prosecutable even without sexual assault.
2. People v. Lisa Carter (2009 – New York)
Facts:
Carter was caught performing sexual acts in her car parked in a public lot, visible to bystanders.
Prosecution:
Charged under N.Y. Penal Law § 245.00 (Public Lewdness). The prosecution presented witness testimony and video evidence.
Outcome:
Convicted, sentenced to 90 days in jail, fined $1,000, and placed on probation.
Significance:
Clarified that even private vehicles visible to the public can constitute a public indecency violation.
3. State v. Michael Thompson (2012 – Texas)
Facts:
Thompson was reported for masturbating in a public library. Security cameras captured the act, and police arrested him on-site.
Prosecution:
Charged with Indecent Exposure (Tex. Penal Code § 21.08). Evidence included video and eyewitness testimony.
Outcome:
Convicted and sentenced to 180 days in jail, plus registration as a sex offender for 10 years.
Significance:
Reinforced that indecent acts in public institutions are prosecuted similarly to acts in parks or streets.
4. State v. Angela Robinson (2014 – Florida)
Facts:
Robinson was arrested for engaging in a sexual act on a public beach during daylight hours. Bystanders called law enforcement.
Prosecution:
Charged with lewd and lascivious behavior (Fla. Stat. § 800.03). Prosecutors emphasized public visibility and potential exposure to minors.
Outcome:
Convicted and sentenced to 1 year in county jail, probation, and community service.
Significance:
Public indecency cases are enhanced when acts are in family-friendly or high-traffic areas.
5. United States v. Kevin Simmons (2017 – Federal, Georgia)
Facts:
Simmons performed lewd acts in the parking lot of a federal building, visible from federal property.
Prosecution:
Charged under 18 U.S.C. § 13 (Assimilative Crimes Act) incorporating state public indecency laws within federal property.
Outcome:
Convicted and sentenced to 6 months in federal prison, plus supervised release.
Significance:
Demonstrated federal jurisdiction applies when public indecency occurs on federal land.
6. State v. Robert Hall (2019 – Illinois)
Facts:
Hall exposed himself at a suburban train station during rush hour. Witnesses took photos and reported the incident.
Prosecution:
Charged with public indecency (720 ILCS 5/11-9). Evidence included photographic proof and witness statements.
Outcome:
Convicted, sentenced to 1 year in county jail, fines, and required sex offender registration for 5 years.
Significance:
Showed that exposure in high-traffic public transportation areas is treated as a serious offense.
7. State v. Emily Carter (2021 – New Jersey)
Facts:
Carter engaged in sexual activity in a public restroom at a shopping mall. Surveillance footage captured the act.
Prosecution:
Charged with lewdness and indecent exposure (N.J. Stat. § 2C:14-4). The mall management cooperated with law enforcement.
Outcome:
Convicted, sentenced to 6 months jail, probation, and mandatory counseling.
Significance:
Established that semi-private areas open to the public (restrooms, malls) still fall under public indecency statutes.
⚖️ Key Legal Takeaways
Primary Laws Used:
Public Indecency / Indecent Exposure Statutes – e.g., Cal. Penal Code § 314, Tex. Penal Code § 21.08, N.Y. Penal Law § 245.00.
Lascivious or Lewd Acts Statutes – used when acts involve sexual behavior in public, like Fla. Stat. § 800.03.
Federal Jurisdiction – 18 U.S.C. § 13 for acts on federal property.
Common Elements in Prosecution:
Act must be in public or visible to the public.
Acts typically include exposure of genitals, masturbation, or sexual acts.
Evidence includes eyewitness testimony, video, photographs, or surveillance footage.
Typical Penalties:
Jail: 90 days – 1 year, depending on state and circumstances.
Fines: $500–$2,000 typical.
Sex offender registration: 5–10 years in most cases.
Probation, counseling, or community service.
Patterns:
Public indecency charges increase when acts occur in high-traffic areas or near minors.
Semi-private public spaces (parking lots, malls, restrooms) are prosecutable.
Federal laws extend prosecution to acts on government property.
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