Indecent exposure falls under Wisconsin’s obscenity laws, specifically under a statute covering lewd and lascivious behavior. In Wisconsin, indecent exposure can be classified as any intentional exposure of a person’s genitals or pubic areas, either in public or in private.
Proving Indecent Exposure in Court
With indecent exposure cases, the prosecutor must sufficiently prove that the incident in question was an act of sexual gratification, and that it was committed by a person who knew other people were around. Further, the prosecutor has to prove that the accused actually did expose his or her genitals or pubic areas.
However, in some cases, the prosecution doesn’t have to prove it was an act of sexual gratification if it occurs in public.
What Legally Defines a Public Location?
Reichenberger v. Warren was a precedential case in which the word “publicly” was determined to mean “any situation in which the conduct exposes children to obscenity or in which the conduct assaults the sensibilities of unwilling adults.”
Indecent exposure is a misdemeanor that can include fines or jail time. Other consequences of indecent exposure may include being added to the state sex offender registry, being prohibited from entering school grounds or other places children may be present, or probation.
The law makes it explicitly clear that breastfeeding is not considered indecent exposure. A case of indecent exposure cannot be proven if the exposure was accidental.
Are You Being Accused of Indecent Exposure?
If you’ve been accused of indecent exposure, call us at 414-383-6700 or get in touch with us online. We may be able to help you deal with your charges, and we can help preserve your rights as your case moves through the Milwaukee court system.