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PHILLIPS & ASSOCIATES Oklahoma Criminal Defense Attorneys

Oklahoma Indecent Exposure Law Explained

July 26th, 2012

Earlier this week, an Oklahoma City man was arrested on a complaint of indecent exposure following an altercation with a neighbor.  Police report that on Tuesday morning, Radu Vulpe, 42, began yelling at his neighbor and throwing things at him.  The neighbor says Vulpe then pulled down his pajama pants to expose his genitals and waved his genitals at the neighbor.  Police say that when they responded on the scene, Vulpe again pulled down his pants and told officers, “You can’t do anything to me.”  Though it is unknown what caused the confrontation, Vulpe now finds himself potentially facing serious criminal charges.

Though many people would consider indecent exposure more of an annoyance or nuisance that real criminal act, Oklahoma law allows for vigorous prosecution and harsh penalties.  An Oklahoma indecent exposure lawyer defends clients against a criminal charge defined under a statute including sex crimes such as indecent exhibition, obscenity, possession or distribution of child pornography, and solicitation of a minor.  Section 1021 of Title 21 of the Oklahoma Statutes reads as follows:

A. Every person who willfully and knowingly either:

  1. Lewdly exposes his or her person or genitals in any public place, or in any place where there are present other persons to be offended or annoyed thereby; provided, however, for purposes of this section, a person alleged to have committed an act of public urination shall be prosecuted pursuant to Section 22 of this title unless such act was accompanied with another act that violates paragraphs 2 through 4 of this subsection and shall not be subject to registration under the Sex Offenders Registration Act;
  2. Procures, counsels, or assists any person to expose such person, or to make any other exhibition of such person to public view or to the view of any number of persons, for the purpose of sexual stimulation of the viewer;
  3. Writes, composes, stereotypes, prints, photographs, designs, copies, draws, engraves, paints, molds, cuts, or otherwise prepares, publishes, sells, distributes, keeps for sale, knowingly downloads on a computer, or exhibits any obscene material or child pornography; or
  4. Makes, prepares, cuts, sells, gives, loans, distributes, keeps for sale, or exhibits any disc record, metal, plastic, or wax, wire or tape recording, or any type of obscene material or child pornography,

shall be guilty, upon conviction, of a felony and shall be punished by the imposition of a fine of not less than Five Hundred Dollars ($500.00) nor more than Twenty Thousand Dollars ($20,000.00) or by imprisonment for not less than thirty (30) days nor more than ten (10) years, or by both such fine and imprisonment.

In other words, a person who knowingly displays his or her genitals in a lewd manner is subject to felony conviction, fines ranging from $500 to $20,000, and incarceration ranging from thirty days to ten years.  Furthermore, conviction will lead to mandatory compliance with the Oklahoma Sex Offender Registration Act.

It is important to note that the law excludes public urination from sex offender registration, despite an erroneous belief that a person convicted of urinating in public in Oklahoma must register as a sex offender.

If you have been arrested for indecent exposure, it is important to contact an experienced defense attorney qualified to represent you.  For more information, call  (405) 418-8888.

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PHILLIPS & ASSOCIATES Oklahoma Criminal Defense Attorneys