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Lewd and Lascivious Behavior Defense Attorneys

Lewd and lascivious behavior is defined as performing consensual sexual intercourse, sodomy, and/or exposing a sex organ for sexual gratification in public. Some of the most common examples of this are:

  • indecent exposure
  • sex in public
  • public urination
  • public nudity charges

Lewd and lascivious behavior is a sex crime where the perpetrators engage in sexual intercourse in front of others who didn’t consent to watch. Additionally, lewd and lascivious behavior includes acts of indecent exposure (revealing one’s sexual organs to others without their consent.)

When committed around people 16 years of age or older, authorities charge the accused with a Class B misdemeanor. However, if the victim is under the age of 16, then the charge results in a level 9 felony.

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Indecent Exposure

When a person exposes himself/herself in a public area where it is possible for someone else to see it.

Indecent exposure in Kansas is having sex, sodomy, or exposing genitals in public or exposing genitals in the presence of people who is not a spouse or partner and did not consent, for the purpose of arousing or gratifying the accused persons' sexual desires.

Indecent Exposure Penalties

Indecent exposure is a Class B misdemeanor punishable by up to 6 months in prison and up to $1,000 in fines.

When committed in the presence of someone under 16 years old. For a first time offense with no criminal record is a felony by up to 13 months in prison and up to $100,000 in fines.

Kansas sentencing guidelines use a grid system to determine prison sentences. Sentencing depends upon the accused persons previous criminal record. The more crimes in a persons criminal history the more likely the sentencing will be tougher.

Sex in Public

When a person performs sexual intercourse with someone else in an open or public area, including inside a motor vehicle since there is a chance another individual might see the act.

Places that will most likely be considered public by law:

  • Public parks and recreational areas,
  • businesses open to the the public including restaurants, retail stores,
  • gyms,
  • public streets, highways and parking lots,
  • driveways, public streets and highways,
  • some backyards and balconies can be considered public.

If people other than your spouse or partner can view you or be exposed to genitalia can possibly be considered public.

Public Urination

Urinating in public can lead to a number of legal charges, depending on the specific circumstances of the incident. One of the charges that a person may face is a charge of lewd and lascivious behavior. This is a criminal charge that is typically used to prosecute conduct that is considered indecent or offensive. In the case of urinating in public, exposing one's private body parts in a public place may be considered lewd and lascivious behavior.

However, it is important to note that this charge is typically only applied in situations where the person is exposing themselves for sexual gratification or with the intent to cause offense or alarm. If a person is simply urinating in a public place without any intent to cause offense or alarm, they may not be charged with lewd and lascivious behavior.

It is also important to note that urinating in public can also lead to other charges such as indecent exposure, disorderly conduct and public nuisance. The charges will depend on the specific laws of the jurisdiction and the circumstances of the incident.

It is important to consult with our criminal defense attorneys familiar with the laws of the jurisdiction and the facts of the case to determine the most appropriate charges and the potential consequences.

Public Nudity

In Kansas, public nudity is considered indecent exposure and is a criminal offense. Indecent exposure is defined as the intentional and lewd exposure of a person's body in a public place. This includes engaging in behaviors such as "streaking" or intentionally exposing private body parts in a public area.

Indecent exposure is a Class B misdemeanor in Kansas, which carries a possible sentence of up to six months in jail and/or a fine of up to $1,000. However, if the person has prior convictions for indecent exposure or similar crimes, the charge may be increased to a higher level of offense with more severe penalties.

It's also important to note that the laws of the specific jurisdiction should be consulted since it can vary. If a person is charged with indecent exposure, they should consult with a criminal defense attorney to understand the specific charges and potential consequences.

Public Space

In Kansas, "lewd and lascivious behavior" is defined as any act that is considered to be sexually indecent or offensive in a public space. This includes acts such as public nudity, sexual acts in public, and indecent exposure.

A public space is generally considered to be an area that is open and accessible to the general public, such as a park, street, or beach. However, even if a person believes a specific area is private, such as an office building, it can still be viewed as a public space if other people are able to come into the space and see whatever is happening.

For example, if a person engages in indecent behavior in an office building where the windows are visible from the street, it may still be considered a public space.

It's important to know in Kansas, an individual can be charged with lewd and lascivious behavior even if no one else was present at the time of the act. Additionally, it is not a defense that the person did not intend for their behavior to be seen by others.

It is also worth mentioning that conviction of lewd and lascivious behavior carries serious penalties, including fines, imprisonment, and the possibility of being placed on the sex offender registry. It's crucial for those accused of such crimes to call our experienced criminal defense attorneys immediately.

Lewd And Lascivious Penalties In Kansas City

If a person commits engages in lewd and lascivious behavior in the presence of another who is 16 years of age or older, it is a Class B misdemeanor that results in a maximum six-month jail term and a fine no larger than $1,000 if convicted.

If the person who sees the lewd and lascivious behavior is under 16 years old, it is a Level 9 felony, punishable by a prison term of up to 13 months and a maximum $100,000 fine, as well as registration as a sex offender in some circumstances.

If you have been charged with lewd and lascivious behavior, it is imperative to obtain legal representation from an experienced lawyer. At SRC Law Group, LLC, we understand how an accusation of a sex crime can ruin your personal life and professional reputation. Our criminal defense attorneys can help you either get your charges dismissed or reduce the charges/penalties you face.