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Lisbon Indecency Lawyers – Upholding Public Standards with Professional Expertise.

If you have been charged with the offense of public indecency according to Ohio’s Revised Code § 2907.09 in Lisbon, Ohio, the consequences may include jail time, fines, and mandatory registration as a sex offender. It is crucial to safeguard your rights as a criminal defendant by seeking the expertise of an experienced criminal defense attorney at Youngstown Criminal Law Group, located in Lisbon, Ohio.

Attorney Sean Logue, a nationally ranked legal professional, has received prestigious accolades such as the “Top 10 Under 40 Attorney Award” from the National Academy of Defense Attorneys and recognition as a “Rising Star” by Super Lawyers. Additionally, Columbus CEO Magazine has recognized him as one of Central Ohio’s “Top Lawyers.” Our law firm has successfully handled over 15,000 cases in the Lisbon area.

At Youngstown Criminal Law Group, we provide diligent representation for clients facing sexually motivated crime charges in Lisbon and Columbiana County. If you have been arrested in areas such as Norwood, Elmwood Place, or Saint Bernard, our dedicated team will vigorously defend you against these allegations.

Lawyers specializing in public indecency in Lisbon

Welcome to Lisbon Public Indecency Lawyers. We understand that a public indecency conviction can have significant consequences, tarnishing both your reputation and finances. It’s a situation no one wants to find themselves in. That’s why we urge you to take action and secure legal counsel without delay.

At Youngstown Criminal Law Group, we are firm believers in upholding the rights and dignity of the accused. Our team boasts extensive experience in criminal defense, providing you with the reassurance you need. Rest assured, Sean Logue’s profound familiarity with local courts, judges, prosecutors, probation officers, and court personnel will be invaluable to your case.

Our firm diligently represents clients in various cities, including Blue Ash, Cheviot, Deer Park, Forest Park, Harrison, Village of Indian Hill, Madeira, Montgomery, Mount Healthy, North College Hill, Norwood, Reading, Silverton, Springdale, St. Bernard, and Wyoming. Furthermore, Sean Logue extends his expertise to Columbiana County, Ohio’s third-most populous county, as well as the neighboring counties of Butler County to the north, Warren County to the northeast, and Clermont County to the east.

If you’re facing a sex offenses case, seeking the counsel of a qualified Lisbon sex crimes lawyer can make all the difference. Get in touch with Youngstown Criminal Law Group now at 330-992-3036 for a complimentary consultation.

Public Indecency Charges in Lisbon

Senate Bill 245, effective April 4, 2007, brought about changes to the degree of the offense of public indecency in Lisbon. However, it is important to note that the elements of this offense remained the same. In accordance with Ohio law, the prosecution in a public indecency case must establish, beyond a reasonable doubt, the elements of the offense as outlined in Ohio’s Revised Code 2907.09.

  • To make their case, the prosecution must present evidence that demonstrates the defendant’s actions occurred in any of the following circumstances:
  • Their actions were likely visible to others in their immediate vicinity.
  • The individuals who witnessed the defendant’s actions were not members of the defendant’s household.
  • The defendant behaved recklessly.
  • The defendant acted in the presence of a minor, who is neither the defendant’s spouse nor living with the defendant.

Furthermore, the prosecution must prove that the defendant engaged in one or more of the following acts:

  • Exposing their private parts in an attempt to achieve personal sexual arousal or gratification, or to entice the minor to engage in sexual activity.
  • Masturbating.
  • Participating in any form of sexual conduct.
  • Displaying behavior that an ordinary observer would perceive as either masturbation or sexual conduct.

For offenses committed on or after September 26, 2005, the jury instructions for public indecency, as determined by the Ohio Judicial Conference, can be found in 2 OJI-CR 507.09. Please note that these jury instructions were last revised on February 24, 2007.

Definitions under the Public Indecency Statute:

“Likely to be viewed by and affront”: This phrase defines that conduct which, if witnessed by reasonable individuals of common intelligence, would likely cause offense.

“Private parts”: Refers to genitals, with the exception of the female breast as per State v. Jetter (1991), 74 Ohio App.3d 535, where the court ruled that it was not included under the public indecency statute.

“Masturbation”: This term denotes genital self-excitation, often involving manipulation.

“Sexual activity”: Encompasses sexual conduct or sexual contact, or both.

“Privilege”: An immunity, license, or right granted by law, express or implied, arising from one’s status, position, office, relationship, or out of necessity.

Additionally, the public indecency statute considers a person under the age of eighteen as a “minor.”

Public Indecency Penalties in Ohio and Punishments for Various Charges

In Ohio, charges for public indecency in Lisbon depend on the specific aspects of the state’s laws that the alleged offender violated. Here is an overview of the penalties for different offenses:

Exposing Private Parts:

  • First offense: Fourth-degree misdemeanor
  • Subsequent offense: Third-degree misdemeanor
  • Third offense: Second-degree misdemeanor
  • Third offense with a minor: First-degree misdemeanor
  • Fourth or more offense: First-degree misdemeanor
  • Fourth or more offense with a minor: Fifth-degree felony

Engaging in Masturbation or Sexual Conduct:

  • First offense: Third-degree misdemeanor
  • Subsequent offense: Second-degree misdemeanor
  • Subsequent offense with a minor: First-degree misdemeanor
  • Third offense: First-degree misdemeanor
  • Third offense with a minor: Fifth-degree felony

Exposing Private Parts for Personal Sexual Arousal or Gratification or to Entice a Minor:

  • First offense: First-degree misdemeanor
  • Subsequent offense: Fifth-degree felony

Punishments and Fines for Various Charges in Ohio:

The following penalties apply to corresponding criminal charges in Ohio:

  • Felony of the fifth degree: Prison term between 6 and 12 months and a fine up to $2,500
  • Misdemeanor of the first degree: Jail time of up to 180 days and a fine up to $1,000
  • Misdemeanor of the second degree: Jail time of up to 90 days and a fine up to $750
  • Misdemeanor of the third degree: Jail time of up to 60 days and a fine up to $500
  • Misdemeanor of the fourth degree: Jail time of up to 30 days and a fine up to $250

Classification as a Sex Offender

When it comes to classifying public indecency offenders, the court holds the discretion to determine if they should be classified as tier I sex offenders or child-victim offenders. The latter applies in cases where minors are exposed to entice them into engaging in sexual conduct. The court considers the age difference between the offender and the other party involved, as well as whether it is the first offense.

However, if the offender is more than 10 years older than the individual involved and has a previous conviction or pleaded guilty to this section of the Ohio R.C., the court will automatically classify them as a Tier I sex offender/child-victim offender.

According to the Franklin County Sheriff’s Department, Tier I offenders are required to register and verify their sex offender status every year for 15 years. It’s important to note that neighborhood notifications do not apply to Tier I offenders.

Defenses Against Public Indecency in Columbiana County

When facing public indecency charges, a skilled Lisbon prostitution lawyer can employ various strategies to defend their client effectively. Let’s explore some of these defense strategies:

Procedural Defenses:

In certain cases, a procedural defense becomes the linchpin for a favorable outcome. Rather than asserting innocence, procedural defenses focus on evidentiary or constitutional violations. Some examples include:

  • Illegal seizing of evidence: Challenging the legality of evidence obtained.
  • Failure to provide an attorney: Asserting the right to legal representation.
  • Failure to indict: Questioning the validity of the indictment.

Substantive Defenses:

In other scenarios, defense counsel aims to create reasonable doubt surrounding the public indecency charges. Through substantive defenses, they challenge the notion of indecent conduct. Here are some examples:

  • Defendant’s actions did not constitute indecent conduct: Arguing that the actions were not improper or offensive.
  • Defendant was married to the other party: Highlighting the marital relation between the parties involved.
  • The other party was an adult member of the defendant’s household: Emphasizing the familiarity and consent within the household.
  • The alleged victim was not in the defendant’s physical proximity: Refuting the proximity necessary for the offense.
  • The victim was not offended by the defendant’s conduct: Contesting the emotional reaction of the alleged victim.

Frequently Asked Questions About Public Indecency Charges in Columbiana County

Q: What is considered public indecency in Ohio?

A: In Ohio, public indecency occurs when a person engages in sexual conduct that is visible to others and likely to offend them, as defined by state law.

Q: What are the potential consequences for public indecency?

A: The penalties for public indecency in Ohio vary depending on several factors, such as prior offenses and involvement of a minor. Prosecutors will evaluate each case individually, and potential consequences range from 30 days of incarceration for a fourth-degree misdemeanor to up to 12 months for a fifth-degree felony.

Q: What actions are regarded as public indecency in Lisbon?

A: Under Ohio law, the following actions are considered public indecency:

  • Exposing private parts to sexually arouse oneself or lure a minor into engaging in sexual activity
  • Masturbating in public
  • Engaging in sexual conduct that can be observed by others
  • Engaging in behavior that appears to be either masturbating or engaging in sexual conduct

Q: Is urinating in public illegal in Ohio?

A: Like in most states, public urination is against the law in Ohio. Offenders can face charges of indecent exposure and public indecency. Depending on the circumstances, conviction of such charges can even result in being required to register as a sex offender.

Q: How can I defend against a public indecency charge in Lisbon?

A: To defend against a public indecency charge, you can employ either procedural or substantive defenses. Procedurally, your Lisbon prostitution attorney may argue that evidence was unlawfully obtained. Substantively, your Lisbon sex crimes lawyer might present the following defenses:

  • The defendant’s actions did not meet the criteria for indecent conduct.
  • The defendant and the alleged victim were married.
  • The defendant and the adult alleged victim shared the same household.
  • The alleged victim was not in close physical proximity to the defendant.
  • The defendant did not offend the alleged victim.

Lawyers specializing in Lisbon public indecency defense

If you have been cited for the criminal offense of public indecency under Ohio’s Revised Statute 2907.09, it is crucial to seek the expertise of a Lisbon sex crimes attorney. By scheduling a free consultation, you can gain valuable insights into the charges against you, potential strategies to mitigate the penalties, and effective defenses to combat the allegations.

Contact Youngstown Criminal Law Group today at 330-992-3036 to initiate a discussion about your case.

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