Tennessee Criminal Lawyer Blog

Tennessee sex offense attorneys handle many sexual offenses. Our lawyers work in Knoxville, Sevierville, Gatlinburg, Newport, Johnson City, and Morristown. According to Tennessee law, a person commits the offense of public indecency who, in a public place knowingly or intentionally:

• Engages in sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions or other ultimate sex acts;
• Appears in a state of nudity; or
• Fondles the genitals of the person, or another person. Tenn. Code Ann. § 39-13-511 (2007).

The prohibited conduct which constitutes most crimes is generally illegal no matter where the location of that conduct occurs. Public indecency is somewhat different than most crimes because the prohibited behavior may legally occur in certain locations. In other words, what is illegal in a parking lot probably is legal in your home under this statute. The definition of “public” becomes an important part of the public indecency statute.

According to the statute, "public place" means any location frequented by the public, or where the public is present or likely to be present, or where a person may reasonably be expected to be observed by members of the public. "Public place" includes, but is not limited to, streets, sidewalks, parks, beaches, business and commercial establishments, whether for profit or not-for-profit and whether open to the public at large or where entrance is limited by a cover charge or membership requirement, bottle clubs, hotels, motels, restaurants, night clubs, country clubs, cabarets and meeting facilities utilized by any religious, social, fraternal or similar organizations. Tenn. Code Ann. § 39-13-511 (2007).

Interestingly, it is a statutory defense to public indecency that the person made intentional and reasonable attempts to conceal himself or herself from public view while performing an excretory function, and the person performs the function in an unincorporated area of the state.

The crime of public indecency differs slightly from the crime of indecent exposure in that in indecent expose, the defendant must reasonably expect that the acts will be viewed by another and the offended person must be an "ordinary viewing person."

The penalties for public indecency are as follows: A first or second offense is a Class B misdemeanor punishable only by a fine of five hundred dollars. A third or subsequent offense is a Class A misdemeanor punishable by a fine of one thousand five hundred dollars or confinement for not more than eleven months and twenty-nine days, or both. If you have been charged with public indecency, contact a criminal defense lawyer.