Oklahoma Indecent Exposure Defense Lawyer

Indecent exposure may involve no physical contact with another person, but Oklahoma treats it as a serious felony sex offense. A conviction can result in incarceration, substantial fines, sex offender registration, and long-term consequences affecting employment, housing, relationships, and reputation.

Under current Oklahoma law, indecent exposure is a Class B4 felony. Depending on the circumstances, allegations involving exposure in the presence of a child can also lead to substantially more serious charges.

If you are being investigated or have been arrested for indecent exposure in Oklahoma, what you say to law enforcement can become important evidence in the case. You have the right to remain silent and the right to consult an attorney. Rather than attempting to explain an accusation during a custodial interrogation, you may invoke those rights and seek legal advice before answering questions.

An experienced Oklahoma criminal defense attorney can evaluate the allegations, the evidence, witness statements, surveillance or electronic evidence, and whether the State can prove every element of the charged offense beyond a reasonable doubt.

What Is Indecent Exposure in Oklahoma?

Oklahoma's indecent exposure law is found in 21 O.S. § 1021.

Under § 1021(A)(1), a person commits indecent exposure when he or she willfully and knowingly lewdly exposes his or her person or genitals in:

a public place; or
a place where other people are present who would be offended or annoyed by the exposure.

The statute therefore requires more than simply establishing that some portion of a person's body was visible. The circumstances of the alleged exposure and whether the conduct was willful, knowing, and lewd can be important issues in an indecent exposure case.

Section 1021 also addresses several related offenses, including procuring or assisting another person in an indecent exhibition and certain conduct involving obscene material or child sexual abuse material.

Is Public Urination Indecent Exposure in Oklahoma?

Public urination by itself is not indecent exposure under 21 O.S. § 1021.

Oklahoma law specifically provides that alleged public urination is generally prosecuted under 21 O.S. § 22 rather than the felony indecent exposure statute unless the conduct is accompanied by another act prohibited by the applicable provisions of § 1021.

Section 22 addresses acts that grossly disturb the public peace or openly outrage public decency and expressly includes urination in a public place. A violation is a misdemeanor.

Importantly, § 1021 also specifically provides that a person prosecuted for public urination under § 22 is not subject to registration under the Oklahoma Sex Offenders Registration Act on that basis.

Whether particular conduct constitutes only public urination or rises to the level of indecent exposure can therefore make an enormous difference in the potential consequences of a case.

Oklahoma Indecent Exposure Penalties

Under Oklahoma's current felony-classification system, indecent exposure under 21 O.S. § 1021(A)(1) is a Class B4 felony.

A conviction is punishable by:

imprisonment for a minimum of 30 days and a maximum of 10 years;
a fine of $500 to $20,000; or
both imprisonment and a fine.

Oklahoma law also provides that a person convicted under § 1021 is not eligible for a deferred sentence.

Except for persons sentenced to life or life without parole, a person sentenced to imprisonment for two years or more for a violation of § 1021 is also subject to a period of post-imprisonment supervision as provided by Oklahoma law.

These consequences make an indecent exposure charge considerably more serious than a misdemeanor public-indecency allegation.

Does Indecent Exposure Require Sex Offender Registration?

A conviction for indecent exposure under 21 O.S. § 1021 is among the offenses covered by the Oklahoma Sex Offenders Registration Act.

Oklahoma uses a three-level registration system, with registration periods generally corresponding to the offender's assigned classification:

Level 1 – 15 years;
Level 2 – 25 years; and
Level 3 – lifetime registration.

The applicable registration classification and reporting requirements should be determined from the individual's offense, circumstances, criminal history, and the classification process required by Oklahoma law.

Sex offender registration can create obligations extending well beyond completion of a jail or prison sentence. Depending on the applicable law and classification, registration can involve address and employment reporting, periodic verification, residency restrictions, and other requirements.

Because these consequences can be substantial, anyone facing an indecent exposure charge should discuss the potential registration consequences with an attorney before entering a plea or otherwise resolving the criminal case.

Indecent Exposure and Allegations Involving a Child

An allegation involving a child can result in charges substantially more serious than ordinary indecent exposure.

21 O.S. § 1123 addresses lewd or indecent proposals or acts involving a child under sixteen. The statute covers several different forms of conduct and is broader than physical touching alone.

Among other prohibited conduct, the statute addresses knowingly and intentionally looking upon or touching the body or private parts of a child under sixteen in a lewd or lascivious manner. It also addresses certain lewd conduct performed for sexual gratification, including causing, exposing, forcing, or requiring a child to look upon another person's body or private parts.

The statute additionally covers certain lewd or indecent proposals and conduct involving a person whom the accused believes to be a child under sixteen. As a result, some prosecutions can arise from undercover law-enforcement investigations even when no actual child was involved.

Penalties for Lewd or Indecent Acts With a Child Under 16

Lewd or indecent proposals or acts to a child under sixteen under 21 O.S. § 1123(A) are now classified as a Class A3 felony under Oklahoma's felony-classification system.

The precise sentencing consequences depend on the particular conduct charged, the age of the alleged victim, prior convictions, and other provisions of Oklahoma law. Certain offenses involving particularly young children or repeat offenses can carry enhanced punishment.

A conviction under § 1123 is also among the offenses covered by the Oklahoma Sex Offenders Registration Act.

Because § 1123 encompasses several distinct types of prohibited conduct, it is important to identify the particular subsection alleged rather than assuming that every case involving a minor carries the same sentencing range or registration consequences.

Defending an Oklahoma Indecent Exposure Charge

An accusation of indecent exposure does not automatically establish that a crime occurred. The prosecution must prove the elements of the charged offense beyond a reasonable doubt.

Depending on the facts of the case, issues relevant to the defense may include:

whether the alleged exposure actually occurred;
whether the defendant was correctly identified;
whether the exposure was intentional;
whether the conduct was knowing and lewd;
where the alleged conduct occurred;
who was present;
inconsistencies in witness accounts;
surveillance video, photographs, phone records, or other evidence;
whether the conduct constitutes indecent exposure or a different, lesser offense;
whether statements to police were obtained lawfully; and
whether searches or seizures complied with constitutional requirements.

The appropriate defense depends on the specific facts and evidence. An attorney can investigate the allegations, evaluate the prosecution's evidence, identify constitutional or evidentiary issues, and advise the accused about available defenses and potential outcomes.

Oklahoma Indecent Exposure Attorney

An indecent exposure accusation can have consequences far beyond the immediate criminal case. A conviction under Oklahoma law can result in a felony record, incarceration, fines, sex offender registration, and other long-term restrictions.

If you have been accused of indecent exposure, lewd or indecent acts involving a child, or another sex offense in Oklahoma, attorney Ryan Coventon at Coventon Law can review the allegations and explain the defense options that may be available.

Contact Coventon Law for a confidential case evaluation and to discuss your Oklahoma indecent exposure charge.