What Is Public Indecency and How Can You Fight the Charge?

 Posted on May 08, 2025 in Criminal Defense

A public indecency charge can be a shocking surprise, leaving you wondering what to do next. The penalties for sex-related crime can be severe, including long-lasting implications, and you may be seriously worried about your future and your reputation. 

The first step is understanding the charge against you and how a Chicago, IL public indecency defense attorney can help you challenge the allegations. An experienced attorney will walk you through the laws that apply to your case and help you build a defense.

How Does Illinois Law Define Public Indecency?

Under Illinois statute 720 ILCS 5/11-30, sexual conduct, including performing the act of sexual penetration, by a person 17 years or older in public, constitutes public indecency. Additionally, lewdly exposing your body with the intent to sexually satisfy or arouse someone also falls under this statute. The law defines a public place as anywhere that you can reasonably expect to be seen by other people. A common misconception is that you must be nude to be charged with public indecency, but this is not always the case. 

What Are the Common Defenses Against Public Indecency in Illinois?

Your attorney will build a defense based on a thorough investigation of the actions leading up to your arrest and how the police handled it. In certain cases, an attorney may be able to find information that is damaging enough to the prosecution’s case to have the case dismissed. However, at the least, a strong defense could lessen the severity of your charges. 

A common approach is to argue that the act did not take place in public. Remember, an element of public indecency that must be present is that the act occurred in public. For example, if you were caught engaging in a sexual act with your significant other in a secluded area of a park, your attorney may argue that you reasonably did not expect anyone to come near the area at that time. You may also be able to argue that your act lacked the intent to arouse someone, such as if you were stepping into the words simply to relieve yourself. 

Do You Have To Register as a Sex Offender if Convicted of Public Indecency in Illinois?

If convicted of public indecency, there are several penalties that you could face, including:

• Up to one year and a maximum fine of $2,500 if you were charged with a Class A misdemeanor

• Between one and three years in prison and a maximum fine of up to $25,000 if you were charged with a Class 4 felony

• Registering with the Illinois Sex Offender Registry, which will show your photo and personal details

Registering as a sexual offender can have a devastating impact on your life. You will be barred from certain locations, like public parks and schools, and it can affect everything from your relationships to your ability to find housing and employment. Working with an attorney is your best chance at lowering the impact of the charges against you.

Speak With a Chicago, IL Public Indecency Defense Attorney Today

If you have been charged with public indecency or a related sex crime, a knowledgeable Cook County, IL sex crimes defense lawyer at Law Offices of James F. DiQuattro will fight aggressively to protect your rights. This type of crime can be devastating to your reputation and cause major obstacles in your life. We will carefully assess every detail of your case to build the best possible defense. Call 312-627-9482 to schedule a free initial consultation with a legal representative who will go the extra mile.