Public indecency, a charge related to inappropriate or sexual conduct in public, can lead to considerable legal consequences in Nebraska for those who are convicted. Liberty Law Group provides the following overview of what constitutes public indecency and the potential implications of a conviction. Readers will also get clarification into the defenses available and the role of a criminal defense lawyer in these cases.
Omaha Public Indecency Defense Lawyers
The attorneys at Liberty Law Group Select offer a robust defense against public indecency charges. Our adept attorneys specialize in criminal defense, showcasing a successful track record in similar cases, including public indecency.
Our firm proudly serves Omaha in Douglas County, including Lincoln in Lancaster County, Papillion in Sarpy County, Fremont in Dodge County and Council Bluffs in Pattawattamie County, Iowa and the surrounding areas. If you or a loved one has been charged or is under investigation for Public Indecency, don’t wait, call our firm immediately at (402) 865-0501 to request a free consultation to discuss the facts of your case.
Public Indecency in Nebraska
- How Public Indecency is defined in Nebraska
- How Public Indecency is prosecuted in Nebraska
- How lawyers defend against Public Indecency charges
- How lawyers can help someone charged with Public Indecency
- Additional Resources
What is Public Indecency in Nebraska?
Under Nebraska Revised Statute 28-806, public indecency means certain actions conducted by individuals who are eighteen years or older in public spaces, where this conduct is likely to be observed by the general public. The law identifies three primary actions that are categorized as public indecency.
First of all, the law describes an act of sexual penetration as a form of public indecency. This term encompasses any sexual intercourse or penetration that occurs in a public setting. Secondly, the law addresses the exposure of the genitals done with intent to alarm any person.
The third action which is considered indecency under this law is the lewd caressing or fondling of the body of someone else. This encompasses the inappropriate and sexual touching or fondling of oneself or another individual in a public setting.
Nebraska law does not consider the act of breastfeeding in public places as public indecency.
A public place includes any area where the general public has access and where the actions can be reasonably expected to be viewed by others. This could include parks, streets, public buildings, entertainment venues, and more. The emphasis is on the likelihood of the public seeing the indecent act, making the context and location as important as the action itself in determining whether an offense has occurred.
What are the Penalties for Public Indecency in Nebraska?
Individuals found guilty of public indecency, as a Class II misdemeanor, may face up to six months in jail and a fine of up to $1,000. The actual sentence is based on the details of each case and the discretion of the judge. Probation, which is an alternative to incarceration, could be an option for those who are convicted.
Also, individuals with public indecency charges are eligible for the General Diversion Program in Lancaster County. It provides an alternative to standard criminal prosecution. Whether a person is eligible for this program depends on their past involvement in diversion programs or related legal processes. Completion of the General Diversion Program allows the individual’s case to be dismissed and for the person to avoid having a criminal record.
What are Possible Defenses to Public Indecency in Nebraska?
In cases of public indecency in Nebraska, there are specific defenses that can be raised based on the circumstances of the incident. One key defense is the lack of intent to commit an indecent act. Since the law emphasizes intent, particularly in the case of genital exposure intended to alarm, proving the absence of such intent can be a valid defense. For instance, accidental exposure that occurs without the intent to shock or disturb others might not constitute public indecency.
Another potential defense is the question of whether the act occurred in a public place. If it can be demonstrated that the act happened in a private setting or in a location not accessible to or within view of the general public, this could negate the charge of public indecency.
Additionally, challenging the perception of the act as lewd or indecent could serve as a defense. This involves arguing that the act, even if observed by the public, did not rise to the level of indecency as defined by law. Moreover, Nebraska does not consider breastfeeding in public as public indecency.
How Can a Criminal Defense Lawyer Help Someone Facing Public Indecency Charges
A criminal defense lawyer plays a significant role in assisting someone charged with public indecency or other sex crimes in Nebraska. They provide guidance on the legal process, help in understanding the charges, and offer representation in court. The lawyer can develop a defense strategy, gather evidence, and argue on behalf of the client. They can negotiate with prosecutors, possibly reducing charges or penalties, and ensure the client’s rights are protected throughout the legal proceedings. Defense lawyers aim to get the best possible outcome for their clients in light of the circumstances.
Additional Resources
Understanding Indecent Exposure – Visit the official website for Helping Survivors of Sexual Abuse and Assault to learn more about indecent exposure. Access the site to learn about common manifestations of indecent exposure and how this form of misconduct can be proven. Find more information on what tends to qualify as a public place as well.
Sex Offender Resources – Visit the official website for Nebraska’s Sex Offender One Stop Resource to learn more about services and opportunities directed at those who are required to register as sex offenders in the state.
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Public indecency can be a complex subject with devastating consequences. However, our lawyers at Liberty Law Group are well-equipped to build your case against these charges.
Call our firm immediately if you or a loved one have been charged with public indecency to get the representation you deserve.
