Indecent Exposure Laws – NRS 201.220
Indecent exposure is a serious crime in Las Vegas, punishable as a gross misdemeanor. If you are facing charges for indecent exposure, you need a Nevada indecent exposure defense lawyer as soon as possible.
It can be easy to get carried away in Las Vegas because of the city’s reputation as a party destination. When you are swept up in the moment or are under the influence of substances such as alcohol, it is far too easy to let things get out of hand. Unfortunately, despite its nightlife reputation as an “anything goes” paradise, Nevada actually has extremely strict laws, and those who violate them are often severely punished.
As a result, flashers and streakers are committing a criminal act that can actually be punished with indecent exposure penalties such as imprisonment in county jail, no matter how carefree and harmless it may feel at the time. If you find yourself in this sobering situation, a Las Vegas criminal defense attorney can help. Your attorney can help you choose the next steps toward defending yourself against these damaging charges.
Indecent Exposure Penalties in Nevada
Every case is different, but in Las Vegas, the majority of indecent exposure arrests often involve:
- Club patrons
- Patrons of adult bookstores
- Individuals who hook up in bathrooms or at parties
The Nevada Revised Statutes §201.220 outlines the penalties for indecent exposure, which categorizes the crime as a gross misdemeanor. The Revised Statutes consider indecent exposure to be “open and indecent or obscene exposure of oneself or of another person.” It is also often considered a sex crime.
This charge can often be combined with lewd conduct, which can increase the penalties significantly. As a result, a conviction for indecent exposure may lead to up to one year in county jail (this jail time could be doubled if you are also found guilty of lewd conduct).
Upon a second offense, indecent exposure becomes a category D felony punishable by up to four years in prison. However, the worst consequence of an indecent exposure conviction is that it becomes part of a criminal record.
The Real Consequences of a Criminal Record
With a criminal record, you may have difficulty finding a new job or obtaining certain licenses in the future whenever someone does a thorough background check. Your name and the associated crime would even come up in the system if you were to apply for a mortgage, which would make lenders think twice about approving you, making it hard to buy a home and limiting your options for moving on with your life.
This is where the help of a Las Vegas criminal defense lawyer comes in. It’s possible your lawyer could manage to get you into a diversion program to have the indecent exposure charges reduced or dropped altogether. Diversion programs focus on rehabilitation, restitution, and community service. This could keep you out of jail and even prevent you from getting a criminal database record (which would undoubtedly open up your opportunities for the future).
Our Las Vegas criminal defense lawyers can help evaluate your case in the light of Nevada law and do everything they can to build a possible defense against the charges.
In Nevada, the first indecent exposure is regarded as a gross misdemeanor – punishable by up to one year in prison and/or a fine of up to $2,000.
The second indecent exposure would be charged as a category D felony. In the state of Nevada, this category includes offenses such as sexual assault, forgery, involuntary manslaughter, statutory sexual seduction, sexual exploitation of a child, and others. These are punishable by up to four years in prison and/or a fine of up to $5,000.
Possible Defenses for Indecent Exposure In Nevada
There are several defenses available to defendants who have been charged with indecent exposure. Your Las Vegas criminal defense lawyer could decide that using one of these would be in your best interest. These defenses include:
#1. Mistaken Identity
It is possible that the person held liable was not the one actually committing the act of indecent exposure. If you were not the person who exposed yourself, then your lawyer could argue that you shouldn’t be held liable for someone else’s actions. While this may seem a bit far-fetched, it does happen. It is possible that another person could have exposed themselves while pretending to be you or that you were mistaken for the actual culprit.
#2. Genitalia Not Exposed
If your genitalia was not actually exposed during the incident, then this would be a valid defense that your Las Vegas criminal defense lawyer could use. It does not matter how much of your body was exposed or whether other parts of your body could potentially be considered lewd or obscene if your genitalia was not exposed at all.
#3. Lawful Exposure
If you were lawfully exposing yourself during an incident for which you were later charged with indecent exposure, this would also be considered a valid defense against such charges and your lawyer could choose to use this defense. This could work because there was no unlawful intent present in this situation and therefore no criminal liability should result from it either.
#4. Accidental Exposure
Another possible defense your lawyer could use against your indecent exposure charges is that you accidentally exposed yourself while changing clothes or using the restroom in public places such as parks and swimming pools. This would not be considered lewd because it was not intentional on your part and there was no sexual or malicious motivation behind it.
How Can a Lawyer Help?
It can ease your mind just knowing that there is someone on your side, working on your behalf. There are many ways our defense lawyers can help if you’ve been charged with indecent exposure:
- Build a Defense: An indecent exposure defense attorney in Las Vegas can work hard to build your defense by gathering evidence. Your lawyer can find and interview witnesses who can support your side of the story, building your case one piece at a time so you’re ready for trial.
- Present Your Case: A lawyer can present your case in court in front of a judge or jury so that they can make an informed decision about whether or not to drop or reduce your charges.
- Explain Complex Laws and Statutes: Your lawyer can explain any concepts or legal phrases that you may find confusing and answer all of your questions.
- Understand Nevada Law: A lawyer can also explain exactly how Nevada law defines indecent exposure and what penalties are associated with the charge.
- Negotiate With the Prosecution: Your lawyer can negotiate with prosecutors to get a lesser charge or reduced sentence if possible. For example, if you’ve been convicted of indecent exposure before but did not actually intend to expose yourself in public again, then it might be possible for your attorney to get you probation instead of jail time.
Our Las Vegas criminal defense attorneys know the Nevada justice system and the laws surrounding your case. Our firm has handled many of these types of cases. Your lawyers can tackle every aspect of your case and do everything they can to fight your charges.
A Nevada Criminal Defense Lawyer Can Help
At De Castroverde Accident & Injury Lawyers, we understand how delicate criminal charges can be and we are fully committed to offering our clients the legal representation that they deserve. This is just one of the reasons our firm is open and available to take your call 24 hours a day. We also offer services completely in Spanish if you’re more comfortable speaking in that language.
By seeking comprehensive assistance from our Las Vegas criminal defense attorneys, you can breathe easier knowing that we will do everything in our power to build your defense from the bottom up. The attorneys at our firm have decades of experience. Defending your case means combating the prosecution’s strategy and working relentlessly to attain the best possible result for you.
Reach out to De Castroverde Accident & Injury Lawyers at (702) 222-9999 today to learn more about your legal options. An indecent exposure defense attorney in Las Vegas can help you understand your rights and brainstorm the best course of action for your indecent exposure case.