Tahlequah Attorney BlogDefining Indecent Exposure In Oklahoma

indecent exposure in OklahomaWe may think of indecent exposure in Oklahoma as a minor infraction usually perpetrated by someone a little off-kilter. However, if you are convicted of the crime, the consequences may be more than you bargained for. Here is what you need to know about the crime and how it is handled in a Tahlequah court.

Indecent Exposure In Oklahoma Defined

Oklahoma law defines indecent exposure as a number of prohibited knowing and willful acts, including the lewd exposing of a person or their genitals in a public place or in any place where people are present who may be offended or annoyed by the action.

The same statute that governs indecent exposure also covers certain aspects of child pornography, including:

  • procuring or helping another person engage in such an exposition for the purpose of sexual stimulation of the viewer;
  • making, selling, distributing, downloading, or exhibiting any obscene material or child pornography; or
  • making, selling, giving, distributing, or exhibiting any type of recording of any type of obscene material or child pornography.

Okla. Stat. tit. 21 § 1021

Public Urination Is Not Indecent Exposure

It is important to note that while exposing one’s genitals in a lewd manner is the gravamen of indecent exposure, public urination — which includes the exposition of genitals — doesn’t rise to the level of indecent exposure.

Hence, public urination is usually charged as a misdemeanor unless it is coupled with another lewd act. It is not a sex crime. However, indecent exposure is a sex crime.

Penalties For Indecent Exposure

This crime is a felony in Tahlequah. It is punishable by a fine between $500 and $20,000, imprisonment from 30 days to 10 years, or both. The child pornography sections of the statute are punished more harshly.

Once released, a person who has been convicted of indecent exposure in Oklahoma must register with the Sex Offender Registry. There are limitations on where a sex offender may live and work for years after the prison sentence is served.

Defenses To The Crime

There may be defenses available to you to explore with your Tahlequah attorney if you are facing charges. The nature of this crime is public in nature. If a person exposes themselves believing that they are in a private setting, there may be no crime. The crime requires that the exposure be knowing and willful.

Free Consultation: Tahlequah Criminal Defense Lawyer

Please contact a Tahlequah criminal defense lawyer to discuss your available legal options if you’ve been charged with indecent exposure in Oklahoma.

For a free consultation, call Wirth Law Office – Tahlequah at 918-458-2677 or toll free at 1-888-447-7262.

Or, if you prefer e-mail, you may enter a legal question in the form at the top right of this page and we’ll contact you by e-mail as soon as possible.

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