South Carolina Indecent Exposure
Fighting against unfair and extreme penalties
South Carolina has a very serious law prohibiting indecent exposure.
Not only does the law provide up to three years imprisonment, even for a first offense; laws also subject anyone charged with lifetime sex offender status. This means having to publicly register forever.
The statute is S.C. Code § 16-15-130. It makes it illegally to “willfully, maliciously, and indecently” expose “his person” in a “public place, on property of others, or to the view of any person on a street or highway.”
Not everyone charged is a sex pervert. In fact there are many scenarios where regular people can run afoul, including:
- Mistaken eyewitness
- Public urination
- Changing clothes in public
- Streaking, joking or streaking
- Behavior meant to be private, but accidentally observed by others
If convicted, even if jail is avoided, there can be serious professional and employment consequences. This can have a drastic effect on your earning capacity and your reputation and standing in the community. A requirement to register as a sex offender is life-altering on just about every level.
There are many ways to challenge and fight these charges. For example, here are some defenses which we have employed in the past:
- Recreating the scene of an alleged incident to show that the witness couldn’t actually see what they reported
- Investigating the motivations of the accuser to try to show bias or a motivation to exaggerate circumstances
- Challenging confessionals and statements made after police coercion, or when Miranda rights were not properly given
- Using psychological testing and expert testimony to show our client isn’t a sexual deviant
- Showing that behavior was not in fact malicious, and was simply misinterpreted by witnesses or law enforcement
If you are suspected or accused of indecent exposure it is very important that you not give any statements or meet with law enforcement until you have consulted with a Lexington sex crime attorney. If you have been arrested it is important to get started on your defense as soon as possible. We offer a free consultation to discuss your case, answer your questions, and explain your options. Call us today at (803) 359-3301.
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