Indecent exposure is a criminal offense created by South Carolina Code Section 16-15-130. Under this statute, it is illegal to expose private parts in a public place, on the property of another, or to the view of any person on a street or highway. Unlike many misdemeanor offenses, indecent exposure cases are not handled in magistrate or municipal court. These charges are prosecuted in General Sessions Court, the same court that hears felony criminal cases.
The maximum penalty for indecent exposure in South Carolina is up to three years in the South Carolina Department of Corrections. In addition to possible incarceration, a conviction may also result in a requirement to register as a sex offender. Sex offender registration can affect where a person is allowed to live, where they can work, and how they are viewed in the community. Because of these consequences, indecent exposure charges should never be dismissed as minor or treated as a simple citation.
There is a wide range of factual scenarios that can lead to an indecent exposure charge. Some allegations involve conduct that is clearly not sexual in nature. Examples include urinating in public view, an intoxicated individual whose clothing has fallen down, or a person wandering in public while impaired. Other allegations are more serious and involve claims such as flashing another person in a parking lot or engaging in public masturbation. Regardless of the specific accusation, all indecent exposure charges are treated seriously by law enforcement and prosecutors.
Every indecent exposure case turns on its own facts, and the prosecution must still prove each element of the offense beyond a reasonable doubt. Important issues often include whether the exposure was intentional, whether it occurred in a place covered by the statute, whether another person actually observed the conduct, and whether the allegation has been exaggerated or misunderstood. Video evidence, witness credibility, police procedures, and the surrounding circumstances can all play a significant role in how these cases are defended.
There is also a range of possible outcomes to indecent exposure charges, many of which are far more favorable than a jail sentence or sex offender registration. In some cases, the prosecutor may agree to dismiss the charge if the evidence is weak or the conduct does not clearly violate the statute. In appropriate situations, a case may be referred to Pre-Trial Intervention, commonly known as PTI, which can allow the charge to be dismissed after successful completion of program requirements. Other cases may be resolved through a reduction or modification of the charge to an offense such as public intoxication or public disorderly conduct, which does not carry sex offender consequences. In some situations, probationary resolutions may be available that avoid incarceration altogether.
We provide defense against indecent exposure charges throughout South Carolina, including cases in Lexington and Columbia. In addition to providing a legal defense, it may be appropriate in certain cases to incorporate investigators or an expert psychologist to assist with evaluating the allegations and the surrounding circumstances. There can be many possible defenses in these cases, including mistaken identity, misinterpretation of events, or intentionally false allegations by a witness. Carefully analyzing the factual circumstances, timing, location, and details of an allegation is often critical in determining how best to proceed and what defenses or resolutions may be available.
Defending an indecent exposure charge often requires early and strategic legal involvement. Prompt review of the facts, the evidence, and the available alternatives can make a significant difference in the outcome of a case. Even allegations that seem embarrassing or awkward should be addressed seriously, as the long-term consequences of a conviction can be substantial.
If you or a loved one has been charged with indecent exposure in South Carolina, it is important to speak with a criminal defense lawyer as soon as possible. Same-day appointments are typically available. To discuss your situation, call 803-359-3301. The Law Office of James R. Snell, Jr., LLC, has over 20 years experience in defending clients charged with indecent exposure, along with other serious felony and misdemeanor charges.
All cases are unique, and prior results obtained by the attorney in one matter do not indicate similar results can be obtained for other clients in other matters.