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 also lead to lewd and lascivious behavior charges since a person exposes their private body parts, but not for sexual gratification purposes.

Public Nudity

When a person engages in “streaking” or intentionally exposes private body parts in a public area.

Public Space

When we think of sex crimes, rape or child pornography often come to mind due to the seriousness of such offenses. Contact our firm today for more information.

A public space is considered an area which is potentially available to the public. Even a person believes a specific area is private, such as an office building, such a place can still be viewed as public because other people are able to come into the space and see whatever is happening.

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.

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