St. Louis Indecent Exposure Attorney

Defending Against Indecent Exposure Charges in Missouri

At The Hammer Law Firm, LLC, we represent individuals facing serious sex crime charges throughout Missouri, including charges for indecent exposure. We know these charges are serious, and we know that if you stand accused, proven representation is critical. It's why we advise everyone to contact us as soon as possible after being contacted by law enforcement.

Call The Hammer Law Firm, LLC today at (314) 334-3807 or contact us online to schedule a consultation with our indecent exposure attorney in St. Louis.

What is Indecent Exposure?

A defendant can only be convicted of indecent exposure if the prosecutor can prove the following four elements:

• There was actual exposure of the individual's "private body parts." - This refers to body parts such as male and female genitals, and female breasts.
• The exposure under question must have been done willfully and with intent. - This means that the accidental exposure of private body parts, such as an unintentional wardrobe malfunction, would not be considered a legal offense and cannot be prosecuted.
• The exposure must have occurred in a public place in order for it to be punishable by the law. - This includes retail establishments and public recreational areas but excludes private homes and bedrooms. In Missouri, the definition of a "public place" is broad and open to interpretation by the presiding judge or jury.
• The exposure must have taken place in the presence of another person. - There must have been an onlooker within sight when the exposure took place. In Missouri, indecent exposure with a child present is taken more seriously than if the only witnesses were adults.

The severity of the charge could differ from case-to-case. For example, a public urination charge may not be dealt with as seriously as a public indecency for the purpose of solicitation.

What are the Penalties for Indecent Exposure in Missouri?

Although it is not an offense warranting enrollment in the state's sex offender registry, indecent exposure can be categorized as a 2^nd degree misdemeanor punishable by up to one year in jail and fines up to $1,000.

Is Indecent Exposure a Felony in Missouri?

Indecent exposure is considered a criminal offense in St. Louis, MO and it can be either a felony or a misdemeanor, depending on the specific circumstances of the case.

However, if the offender has prior convictions for indecent exposure or other similar offenses, or if the indecent exposure was committed in the presence of a child under the age of 17, it can be considered a Class D felony, punishable by up to four years in prison and a fine of up to $5,000.

It's important to note that laws and penalties can vary by state and can change over time, so it's always best to consult with a criminal defense attorney in your area for specific legal advice.

Defenses Against Indecent Exposure Charges

Some potential defenses include:

• Lack of Intent: Prosecutors must prove that the defendant acted to shock, offend, or arouse others to secure a conviction. If there was no intent to commit an indecent act, this could serve as a key point in the defense. For example, accidental exposure, such as a wardrobe malfunction or an unintended public sighting, does not meet the legal threshold for indecent exposure.
• Insufficient Evidence: The prosecution is required to establish each element of the offense beyond a reasonable doubt. The prosecution's case may be weak without concrete evidence, such as reliable witness testimony or video surveillance. Challenging the evidence, questioning the credibility of witnesses, and identifying any inconsistencies in their accounts can be instrumental in creating reasonable doubt.
• False Allegations: Unfortunately, it is not uncommon for individuals to be falsely accused of indecent exposure due to misunderstandings, personal disputes, or revenge. A thorough investigation into the accuser’s background, motivations, and possible biases can help highlight issues with the credibility of the allegations. Uncovering such motives can be a powerful tool in undermining the prosecution’s case.
• Mistaken Identity: Indecent exposure charges sometimes arise from incidents in busy public spaces, where identifying the individual responsible may be challenging. Misidentification can occur, leading to charges against an innocent person. By scrutinizing witness statements, reviewing surveillance footage, and examining all available evidence, we can work to establish whether a case of mistaken identity is a factor in your situation.
• Constitutional Violations: Law enforcement officers must respect constitutional rights when investigating and arresting individuals suspected of committing a crime. If there were any violations of Fourth Amendment protections, such as illegal search and seizure, evidence obtained unlawfully may be inadmissible in court.

How Our Indecent Exposure Attorney Can Help You