Indecent Exposure in Oklahoma is a Felony
Aside from getting a felony on your record, indecent exposure in Oklahoma is punishable by anywhere between 30 days to 10 years in prison, between $500 to $20,000 in fines, or both. In addition, your name could end up being placed on the sex offender registry for 15 years. Okla. Stat. tit. 21 § 1021
If you find yourself in this situation, it’s in your best interest to immediately retain the services of an experienced criminal defense attorney in Oklahoma.
What Acts Constitute Indecent Exposure in Oklahoma?
Oklahoma law defines indecent exposure in a couple of different ways.
The first is any person who “lewdly exposes his person or genitals in any public place, or in any place where there are present other persons to be offended…” In other words, it applies to someone who directly exposes their genitals in public. It’s also illegal to encourage others to do the same. Okla. Stat. tit. 21 § 1021
However, the law also defines indecent exposure as “indecent writing, paper, book, picture, photograph, motion picture, figure, form of any description or any type of obscene material…” Okla. Stat. tit. 21 § 1021
Even further, it states that “any disc record, metal, plastic, or wax, wire or tape recording, or any type of obscene material or any other kind of sound recording of any obscene or indecent language, poetry, or songs… which are offensive to decency or are calculated to excite vicious or lewd thoughts or acts…” can also be considered indecent exposure in Oklahoma. Okla. Stat. tit. 21 § 1021
These clauses mainly apply to the creation, sale, distribution, or download of pornographic material
Child pornography is considered an especially serious violation of Oklahoma’s indecent exposure statute. Whereas normally a charge of indecent exposure in Oklahoma carries up to 10 years in prison, a charge of child pornography under the statute carries a minimum 10-year prison term, with the possibility of up to30 years in prison. Okla. Stat. tit. 21 § 1021
Public Urination is Not Indecent Exposure in Oklahoma
It’s important to note that public urination is not considered indecent exposure in the state of Oklahoma. The statute specifically states that urinating in public is not a felony, nor a registrable offense.
However, it is still a misdemeanor, under Oklahoma Code § 21-22, and is subject to a $500 maximum fine, up to a year in jail, or both. The statute specifically states that urinating in public is not a felony, nor a registrable offense. If you find yourself charged with this, a knowledgeable misdemeanor defense attorney in Claremore may be able to help.
Elements of Indecent Exposure in Oklahoma
No person may be convicted of indecent exposure unless the State has proved beyond a reasonable doubt each element of the crime.
These elements are:
- In a lewd manner;
- Exposing one’s genitals;
- In a public place or somewhere there were present other persons to be offended or annoyed thereby. Okla. Stat. tit. 21 § 1021
Unless all four of these elements are proven beyond a reasonable doubt, the charge of indecent exposure may not stick in an Oklahoma courtroom. It’s the job of a skilled criminal defense attorney in Claremore to provide the basis for that doubt to the jury.
Free Consultation With an Oklahoma Indecent Exposure Defense Attorney
The charge of indecent exposure carries severe penalties that will change your life for the worse if convicted. If you live in Oklahoma and have been charged with indecent exposure, call Wirth Law Office – Claremore. We can provide you with a free, confidential consultation with one of our expert Rogers County defense attorneys. For a free consultation with a knowledgeable Oklahoma indecent exposure defense attorney, call (918) 213-0950 today. If you prefer e-mail, fill out the form on the right side of this page.