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Public Indecency

Public Indecency Offenses

What is Public Indecency?

In Georgia, public indecency is defined as the act of committing a lewd or indecent act in public, or in view of the public. Public indecency can include acts such as public nudity, public masturbation, and engaging in sexual activity in public. It is a crime in Georgia to commit public indecency and is punishable by imprisonment and fines. It is important to note that the law applies to both male and female perpetrators and victims, and that the act must be committed in a public place or in view of the public in order for it to be considered public indecency.

Public indecency is generally a misdemeanor offense in Georgia, but it can be charged as a felony if the victim is a minor or if the offender has a prior conviction for this crime. The specific penalties for public indecency depend on the circumstances of the case and the offender's criminal history.

It is important to note that in Georgia, as in other states, it is also illegal to engage in sexual activity in a public place or in the presence of others. This includes activities such as sexual intercourse, oral sex, and masturbation. Engaging in sexual activity in a public place is generally classified as a misdemeanor, but it can be charged as a felony if the victim is a minor.

O.C.G.A. § 16-6-8 (2020) - Public Indecency

Georgia Code O.C.G.A. § 16-6-8 (2020) specifically addresses public indecency. The following is the actual law § 16-6-8 (2020) as it is written.

  • a. A person commits the offense of public indecency when he or she performs any of the following acts in a public place:
    • 1. An act of sexual intercourse;
    • 2. A lewd exposure of the sexual organs;
    • 3. A lewd appearance in a state of partial or complete nudity; or
    • 4. A lewd caress or indecent fondling of the body of another person.
  • b. A person convicted of the offense of public indecency as provided in subsection (a) of this Code section shall be punished as for a misdemeanor except as provided in subsection (c) of this Code section.
  • c. Upon a third or subsequent conviction for public indecency for the violation of paragraph (2), (3), or (4) of subsection (a) of this Code section, a person shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years.
  • d. For the purposes of this Code section only, "public place" shall include jails and penal and correctional institutions of the state and its political subdivisions.
  • e. This Code section shall be cumulative to and shall not prohibit the enactment of any other general and local laws, rules, and regulations of state and local authorities or agencies and local ordinances prohibiting such activities which are more restrictive than this Code section.

If you are being investigated for, or facing public indecency charges in Georgia we recommend calling our law office as soon as possible. We understand the urgency of the matterand your need to hire a criminal defense lawyer. To get control of your situation CALL 404-351-3000 for a CONFIDENTIAL APPOINTMENT with a defense attorney in Cobb County GA.

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