What are the Consequences of Indecent Exposure in TN?
Although the crime of indecent exposure may seem relatively harmless (merely offensive), the Tennessee legislature has imposed harsh penalties on offenders. Depending on the circumstances and if you have prior offenses, indecent exposure may be charged as either a misdemeanor or felony.
Simply being accused of indecent exposure can permanently tarnish your reputation, inhibiting both your personal and professional ambitions. Those prosecuted under the law may be imprisoned, forced to pay hefty fines, and, in some cases, have their name listed on the sex offender registry.
If you are looking for aggressive representation against indecent exposure charges, you need to speak with our TN sex crime defense attorneys.
What is Indecent Exposure?
Tennessee law provides different scenarios in which a person may be guilty of indecent exposure. Indecent exposure can be committed in a public place or on private property. In the first situation, a person may expose their buttocks or genitals to another person or engage in sexual contact or sexual intercourse. The sexual act must be performed knowing that the act will be seen by another person with the intent of being offensive or for the perpetrator’s sexual gratification.
In two other scenarios, indecent exposure is performed in the presence of a child. In the first scenario, the offender may invite, entice, or fraudulently induce the child into their home for the purpose of sexual arousal. The individual may expose their breasts, buttocks, or private area or masturbate in front of the child. In the second scenario, the individual will engage in these acts in their own private residence in front of a child.
Penalties Under the Law
In Tennessee, a first-time offense for indecent exposure is usually a Class B misdemeanor. You could be imprisoned for up to six months in jail and must pay a $500 fine. However, if the defendant is at least 18 years of age and the victim is under 13 years old, then the offense is a Class A misdemeanor. This is punishable by one year in jail and a $2,500 fine. A third-time offender will be required to register as a sex offender. However, you may be eligible to have your listing removed ten years after your sentence is completed.
If you are 18 years old, the victim was under 13 years of age, and you have two or more prior convictions, the charge will be enhanced to a Class E felony. Other aggravating circumstances that would result in a Class E felony charge include if the offense occurred on school property, a licensed daycare center, or other childcare facility during a time when children are likely to be present. If convicted, you may be sentenced to six years in prison and be fined up to $3,000.
Although these penalties are severe, a Tennessee sex crime defense attorney may be able to negotiate a plea bargain with the state prosecutor. In exchange for pleading guilty, your charges may be reduced, allowing you to serve less time in prison and pay less in fines.
A TN Sex Crime Attorney Protecting Your Rights
Being charged with a crime is not the same as being convicted. If you have been charged with indecent exposure, you need to reach out to a TN sex crime attorney who can defend your rights. Our team of defense attorneys takes a personal interest in each case, ensuring that you receive the best representation possible. To get started, contact our office online or by phone. We offer free, no-risk consultations.