The National Trial Lawyers | Top 100 Trial Lawyers AVVO Rating 10.0 Superb | Top Attorney Criminal Defense 10 Best 2014 | 4 years Client Satisfaction | American Institute of Criminal Law Attorneys WHO'S WHO | Top Professional | Certified 2017 top 100 lawyer ASLA 10 best 2016 client satisfaction| American Institute of personal injury Attorneys Top 10 Attorneys American Jurist Institute 2017 American Jurist Institute Top 10 Attorneys Personal Injury Attorney | Top 10 Attorney And Practice Magazines | 2017 America's top 100 Criminal Defense Attorneys | 2017 | top 100
Law Offices of Kelly & Conte Law Offices of Kelly & Conte
Call Anytime - Day or Night
610-314-7066 610-314-7066
Visa | Mastercard | American Express | Discover Network
The National Trial Lawyers | Top 100 Trial Lawyers
AVVO Rating 10.0 Superb | Top Attorney Criminal Defense
Nation's Premier | NACDA | Top Ten Ranking 2014
10 Best 2014 | 4 years Client Satisfaction | American Institute of Criminal Law Attorneys
2016 top 100 lawyer ASLA
10 best 2016 client satisfaction| American Institute of personal injury Attorneys
American Jurist Institute Top 10 Attorneys
Top 10 Attorneys American Jurist Institute 2017

Sex Crimes Indecent Exposure

The sex crimes offense of indecent exposure is found in the Pa criminal code 18 section 3127.  when should I call a sex crime lawyer It is defined as a person commits the act of indecent exposure if that person exposes his or her privates in any public place or in any place where other individuals are present under circumstances in which he should know that exposing himself is likely to offend or alarm these other people. An area of importance in this definition is the part which states "in any public place or in any place where there are present other persons". This is an important part of the definition and what makes it separate from a similar charge of open lewdness which is defined in the PA criminal code under section 5901. Open lewdness occurs if he does any lewd act which he knows is likely to be observed by others who would be affronted or alarmed.

In order to illustrate the factors that are relevant when trying to establish if sex crimes such as indecent exposure took place, let's look at the case of Com. v. DeWalt, from the year 2000.  sex assault In that case the defendant was convicted of a charge of indecent exposure and corruption of a minor but won the appeal. In that case the defendant, while on her back porch and in the company of other adults, lifted up her shirt exposing her breasts and pulled down her pants exposing her pubic area and preformed a "strip tease". Three minor boys testified that she observed them watching from a rooftop next door. The decision of the court to vacate her charges were due to the following reasons: first, the government did not prove beyond a reasonable doubt that any of the witnesses saw her genitals, second, that she exposed herself in public or in the presence of others, or that she knew her actions would offend, affront or alarm. One of the most important takeaways from this decision is that it helped provide clarity on what constitutes a public place, which makes it an element that helps differentiate between a charge of indecent exposure which is a misdemeanor of the second-degree and open lewdness which is a misdemeanor of the third-degree.

No Comments

Leave a comment
Comment Information

Why We Succeed

Preparation.

We prepare every case as if it is going to trial. Our reputation for thorough preparation puts us in a much stronger negotiating position with prosecutors and opposing counsel.

See what our clients are saying...

Experience.

For more than 15 years, people throughout Chester County and the surrounding area have turned to Law Offices of Kelly & Conte for sound legal advice and aggressive representation.

Learn more about our team...

Commitment.

We will not accept a deal simply for the sake of closing your case. We care about your future, and we pursue every available option in an effort to secure the best possible outcome.

View our case results...
Schedule Your Free Consultation

Schedule a Free Case Evaluation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

West Chester Office
126 W Miner St #1
West Chester, PA 19382

Phone: 610-314-7066
Fax: 610-436-0628
Map & Directions

Pottstown Office
934 E High St #2
Pottstown, PA 19464

Phone: 610-314-7066
Fax: 610-436-0628
Map & Directions

Kennett Square Office
110 East State Street
Suite 305
Kennett Square, PA 19348

Phone: 610-422-7041
Fax: 610-436-0628
Map & Directions