As far as sexually-oriented offenses go, public indecency is on the less serious end of the spectrum. Often any sexual activity involved is between consenting adults, and aside from offended bystanders, there is no real victim. That said, public indecency is still a fairly serious charge. In most cases, it is a Class A Misdemeanor, the most serious category before getting into felonies. If convicted, you could face up to a year in jail or a $2,500 fine. Not to mention, you could have to register as a sex offender. The penalties actually imposed often depend very much on the specific facts of your case. There are steps an attorney can take to protect you from the harshest consequences or to challenge the charge in court. Illinois’ public indecency laws can be vague, so there is room for an attorney to make good arguments.

Explaining Public Indecency Laws, Arrests, and Potential for Conviction

Some laws are very clear-cut. If you are driving with a B.A.C. higher than 0.08, you are guilty of a DUI - simple. Public indecency laws in Illinois are not like that at all. Our state statute sets out public indecency laws so that a person is guilty of public indecency if they are over 17 years old and in a public place, they:

• Engaged in an act of sexual penetration or other sexual conduct, or,
• Lewdly exposed their body for the purpose of arousing or satisfying their own sexual desire.

As you can see, there is room for interpretation here. Quite a bit is left up to each individual police officer’s discretion. One may feel that a couple who is fully clothed but tangled up in a heavy make-out session is “engaged in sexual conduct,” while another might not think twice about it. Now, if a couple is found having sexual intercourse in a public park, that is a fairly clear-cut example of public indecency.

Sex offenses are considered especially morally reprehensible. Allegations of sexual assault, sex abuse, rape, or a related crime can destroy a person’s life. Criminal penalties for sex crimes are harsh, and many people find that being convicted of a sex offense has irreparable personal and professional consequences.

If you or someone you care about have been accused of a sex crime, do not wait to take action. Even if the accusation is unsubstantiated, being charged with a sex offense can have serious consequences. Contact a lawyer right away.

Avoid Contact With Your Accuser

Being accused of a sex crime can come as a shock. If you are like many people facing such a situation, you probably want to confront the person who levied the allegations against you. You may be confused about what is happening and are filled with questions. You may be eager to stand up for yourself, tell your side of the story, and clear your name. However, confronting your accuser can be disastrous. Even if you approach the person in a reasonable, non-threatening way, he or she may accuse you of further abuse, stalking, or harassment. You could even be subject to an emergency order of protection or other protective order and not realize it. Consequently, it is best to avoid the accuser and only discuss the situation with your attorney.  

Any criminal conviction has the potential to radically change the offender’s life. However, sexually-based offenses are often punished especially harshly. If convicted of a sex crime, you may face significant jail time as well as mandatory registration on the public sex offender list. Conviction for a sex crime such as sexual assault can virtually destroy your personal and professional reputation. If you or a loved one have been accused of sexual assault, rape, sex abuse, or another sex-based offense, securing skilled legal counsel should be your first priority.

Innocent Until Proven Guilty

Criminal accusations must be proven “beyond a reasonable doubt.” This is the highest burden of proof that exists in American law. As a criminal defendant accused of sexual assault, you need to cast doubt on your guilt. Your lawyer may do so on your behalf using many different defense strategies. Unfounded accusations of sexual assault may be easily disproven if there is not enough evidence against the defendant. The defendant may also be able to use an alibi to avoid conviction. For example, if a man is accused of raping a woman but employment records show that he was out of town for work that night, he may avoid conviction.

The defendant may also be able to deny culpability by asserting that the sexual encounter was consensual. However, this often becomes a he-said, she-said situation.  A skilled criminal defense lawyer can help a defendant accused of sexual assault gather evidence and build a strong defense strategy.

In the age of the internet, dating apps and social media dominate the social scene. Most social media platforms and dating apps have age limits that regulate children and underage activity. But what happens if a minor lies about his or her age, especially when engaging in a sexual relationship with an adult? Many factors go into determining the fault of each party. However, if you have engaged in sexual relations with a minor, you may be charged with statutory rape in the state of Illinois.  

Age of Consent and Statutory Rape 

Even if a minor lies about their age, an adult is still liable for committing statutory rape. Age of consent laws tend to fluctuate between states. In the state of Illinois, the age of consent is 17 years. This means that if you are over the age of consent and engage in sexual activity with someone under 17, you may be charged with a sex crime. 

There are two classifications of sex crimes in Illinois. If you allegedly engaged in sexual activity with a minor, you could be charged with:

Sex crime convictions are among the most serious and long-lasting convictions in Illinois criminal law. Convictions for some sex crimes carry the life-long labels of “felon” or “sex offender.”Registered sex offenders have strict limitations on where they can live and work and other behavioral restrictions based on their conviction. If you have been accused of a sex crime, it is crucial to get legal representation immediately and understand what happens if you are convicted. 

Will I Have to Register as a Sex Offender? 

Illinois requires persons convicted of many sex-related crimes to register as sex offenders. Some examples of crimes that require sex offender registration include, but are not limited to: 

• Possession and/or distribution of child pornography

  ...