Public nudity or sexual acts can lead to an arrest and indictment for indecent exposure. With a conviction, the offender likely will be required to annually register with the state as a sex offender for 15 years. Though the charge is a misdemeanor, it is important to discuss your case with a sex crimes defense lawyer. With a free consultation, McCarthy & Hamrock, P.C. can advise you on the best route to take.
Most often, the best measure is to protect oneself in court with a criminal defense lawyer who can either bring the case to trial or negotiate a favorable plea agreement with the prosecutors. Crimes of a sexual nature are deemed more serious by the prosecutor’s office. This stance is reflected in their aggressiveness in court and the lasting consequences of sex crimes versus other misdemeanors.
Attorney for Indecent Exposure in Des Moines, Iowa
Contact an attorney for the defense of indecent exposure charges at McCarthy & Hamrock, P.C. if you are facing criminal charges. We will carefully review the events and answer your questions about fighting an indecent exposure case. Our first priority is to maintain your innocence. With more than 40 years of combined experience, McCarthy & Hamrock, P.C. knows when the prosecutors have a weak spot that can be exploited to show reasonable doubt.
McCarthy & Hamrock, P.C. has offices in West Des Moines, Iowa, and also represents clients across Polk County, Dallas County, Warren County, Madison County and Guthrie County.
Call us at (515) 279-9700 for a free consultation today.
Information About Indecent Exposure Charges in Iowa
- Indecent Exposure in Iowa
- Penalties for Indecent Exposure in Iowa
- Defenses to Indecent Exposure
- Finding the Best Indecent Exposure Lawyer in Polk County
Indecent exposure laws are aimed at those intentionally engaging in public nudity in order to satisfy their sexual desires. The law can rope in lots of people, however, who either accidentally exposed themselves or were not aware of the presence of another person. To prove indecent exposure, prosecutors must prove each element of indecent exposure beyond a reasonable doubt.
The Iowa Code 709.9 states a person is guilty of indecent exposure if he or she exposes genitals or pubic hair to another person (not their spouse) or commits a sex act in the presence of or view of a third person,
- To arouse or satisfy the sexual desires of either party; and
- The offender knows or reasonably should know the act is offensive to the viewer.
The crime of indecent exposure is a serious misdemeanor in Iowa. A serious misdemeanor may be punished by up to one year in prison and a fine from $315 to $1,875. Additionally, a first conviction of indecent exposure will require the defendant to annually register as a sex offender in Iowa. The length of registration is 15 years.
Any serious misdemeanor on a person’s criminal record can have lasting consequences on employment, school financial aid, professional licenses, rental applications and so on. A sexual offense heightens the concerns of future employers as any employee hired can pose a liability if a crime were to be committed at the workplace.
The sex offender registry further serves to complicate a person’s privacy, reputation and employment. It also exposes the convicted individual to future criminal penalties if they violate restrictions for registered sex offenders.
These restrictions include being banned from loitering within 300 feet or being on the real property of an elementary or secondary school, public library, a vehicle owned by a school and any place intended primarily for the use of children (such as a playground, swimming pool, or children’s section of the beach). These areas are defined as “Exclusion Zones” and failing to comply with these restrictions results in an aggravated misdemeanor charge.
Depending on the events, your defense lawyer can build a defense around the following:
- Mistaken identity;
- Nudity was unintentional;
- Witness was mistaken in seeing nudity or a sexual act;
- Offender reasonably believed the act was committed in a private place;
- Offender did not intend to arouse or satisfy sexual desire; or
- The act is not offensive to a viewer.
The Statute of Limitations for Indecent Exposure
The statute of limitations for the crime of indecent exposure, charged as a serious misdemeanor, aggravated misdemeanor or felony under Iowa Code § 709.9 is three years. The rules the application of the statute of limitations to a charge of indecent exposure is found in Iowa Code § 802.3.
An arrest does not need to end in a conviction. You are capable of fighting against the criminal justice system. If you are facing charges, contact a Polk County indecent exposure defense attorney at McCarthy & Hamrock, P.C..
A competent sex crimes defense attorney will pick apart the prosecution’s case and allow the judge and jury to see the events from your perspective. McCarthy & Hamrock, P.C. always puts our client’s wishes first and wants to see your case dismissed, acquitted, or resolved in the most favorable way. Call us at (515) 279-9700 for a free consultation today.