New Orleans Obscenity Defense Attorney
Under the Laws of Louisiana, exposing yourself in any way that is deemed offensive in the eyes of the community is Obscenity. This offense is a felony. A conviction for Obscenity comes with fines, harsh sentences, or both. You will also face the immense social stigma surrounding this crime. If you find yourself facing a charge of Obscenity, you should immediately consult with an experienced New Orleans Obscenity Defense Attorney.
New Orleans attorney, Elizabeth B. Carpenter, has years of experience fighting for people accused of sex crimes. Contact: 504-599-5955
What is Obscenity in Louisiana?
Under Title 14 Louisiana Revised Statutes, a person can face Obscenity charges for exposing any part of his or her genitals, anus, or nipples to other people in public with the intent to arouse or gratify sexual arousal. Please look at our more in depth definition of Obscenity Laws in Louisiana. It is important to remember that Obscenity is an intentional act, therefore all charges could be dismissed if the prosecution cannot prove beyond a reasonable doubt that the person intended to sexually arouse himself or another person. Nevertheless, prosecutors have been known to use creative techniques when building their case. Bringing your strongest defense from the outset critical. Work closely with a New Orleans Criminal Defense Attorney to give your case the best chance of a positive resolution.
How Do We Know if It is Obscenity?
This law can be quite prudish, and something that you might consider to be a case of letting your hair down may be regarded by the law as full-on Obscenity. Even if your actions were not sexual in nature and no minors were involved, the police can still arrest you and land you on the sex offender registry.
Consider the following situations:
- Were you running from your pool into your home with only a skimpy towel as a cover?
- Did you accidentally lock yourself out of your home in a state of undress, and were you attempting to go back inside?
- Were you just engaging in a harmless streaking prank?
- Where you simply urinating in public?
The above acts would not be considered Obscenity in the state of Louisiana.
What Are the Penalties for Obscenity in Louisiana?
Our post on New Orleans Obscenity Laws explains the penalties in broader detail.
On a first conviction: Fined not less than $1,000 dollars nor more than $2,500 dollars, or imprisoned, with or without hard labor, for not less than 6 months nor more than 3 years, or both. This crime is a felony.
On a second conviction: Imprisoned with or without hard labor for not less than 6 months nor more than 3 years, and in addition may be fined not less than $2,500 dollars nor more than $5,000 dollars. This crime is a felony.
On a third or subsequent conviction: imprisoned with or without hard labor for not less than 2 years nor more than 5 years, and in addition may be fined not less than $5,000 dollars nor more than $10,000 dollars. This crime is a felony.
When a violation is with or in the presence of a juvenile under 17 years old : fined not more than $10,000 dollars and shall be imprisoned, with or without hard labor, for not less than 2 years nor more than 5 years, without benefit of parole, probation, or suspension of sentence. This crime is a felony.
In addition, you can face the following consequences of an Obscenity conviction in Louisiana:
- Permanent criminal record
- Difficulty finding employment
- Difficulty finding housing
- Inability to apply for certain jobs
- Inability to apply for certain educational programs
- Revocation of your professional licensure
- Public humiliation
The stigma of being convicted of Obscenity —or any other sex crime, for that matter—can last a lifetime.
What Is Exhibitionism?
Psychology Today reported that exhibitionistic disorder is sometimes deemed to be the impetus behind Obscenity. Exhibitionistic disorder is the urge to expose one’s genitals to others, generally nonconsenting strangers. The disorder is an intense and ongoing arousal pattern that is related to signs of clinical distress or impairment for the offender.
However, people accused of Obscenity do not need to qualify as having exhibitionistic behavior to face charges. In fact, these charges often relate to happenstance –the person doing the exposing simply fails to carefully consider all the involved circumstances.
Contact: New Orleans Obscenity Attorney
If you are facing Obscenity charges in Louisiana, you need to schedule a case review with a knowledgeable New Orleans Criminal Defense Attorney to determine the best defense strategy for you. Elizabeth B. Carpenter would like here your story today. Call: 504-599-5955