What Must the State Prove to Convict You of Public Indecency in Nebraska?

Being arrested and charged with a criminal offense is typically a frightening experience, particularly if it is the first time you have ever been through it. One of the most frustrating and worrisome aspects of being charge with a criminal offense is frequently the lack of knowledge about the offense itself. If you have been charged with the crime of public indecency for example, you may be wondering what constitutes “indecency.” More specifically, what must the State prove to convict you of public indecency in Nebraska?
Public indecency is one of those crimes that, although common among state statutes, is defined differently from one state to the next. In the State of Nebraska, Nebraska Revised Statute 28-806 governs the offense of public indecency, reading as follows:
(1) A person, eighteen years of age or over, commits public indecency if such person performs or procures, or assists any other person to perform, in a public place and where the conduct may reasonably be expected to be viewed by members of the public:
(a) An act of sexual penetration; or
(b) An exposure of the genitals of the body done with intent to affront or alarm any person; or
(c) A lewd fondling or caressing of the body of another person of the same or opposite sex.
Based on the statute, the State would need to prove the following elements in order to convict you of the crime of public indecency:
· That you were 18 years of age or older at the time of the alleged crime.
· That you were in a public place at the time of the alleged crime
· That it would have been reasonable to expect other people (members of the public) to see you
· That you did one of the following
o Engaged in sex
o Exposed your genitals and intended to alarm or shock someone
o Fondled or caressed another person in a sexual way
In Nebraska, Public indecency is a Class II misdemeanor. A Class II misdemeanor in Nebraska carried a maximum sentence of six months in jail and/or a $1000 fine if convicted. Often, however, the real penalty for an individual convicted of public indecency, or other similar crimes, is not found in the judicial sentence but in the non-judicial punishment handed out by friends, coo-workers, even family members.
If you have been charged with public indecency, or with any other criminal offense, in Nebraska contact Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your case with an experienced criminal defense attorney.

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Tom Petersen

Attorney Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD vets thousands of lawyers and only chooses those who have achieved stellar results in DUI defense cases. Attorney Petersen was named one of the Top 50 defense attorneys in Nebraska out of more than 5,000.

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