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Crime of Public Indecency | NYC Representation Secures Non-Prosecution for Wrongfully Accused Client



When a person is accused of a Crime of Public Indecency in New York, the consequences can be life-altering.

Allegations involving public exposure or unwanted physical contact often lead to swift police action and strong prosecutorial scrutiny.

In this case study, a client who was suddenly charged with both a Crime of Public Indecency and a related unwanted-contact offense sought legal protection to avoid criminal penalties.

Because a Crime of Public Indecency typically depends on intent, location, and surrounding circumstances, a strategic defense was crucial.

Through tailored arguments, mitigation evidence, and victim focused resolution efforts, the defense team secured a non prosecution outcome that protected the client’s future.

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1. Crime of Public Indecency New York | Background of the Accusation


The client contacted the firm after police opened an investigation into an alleged Crime of Public Indecency that occurred late at night in a public park.



Events Leading to the Police Report


According to the client, he was intoxicated and seated on a bench when he loosened his pants because they were damp with sweat.

A passerby reported what appeared to be a sexual act, triggering a police investigation for a Crime of Public Indecency.

CCTV footage showed the client seated with his pants lowered, and a second witness claimed he briefly brushed against her, resulting in an additional unwanted touching allegation.

Combined, these accusations placed the client at significant legal risk.



Client’s Need for Immediate Defense Support


Fearful of severe charges, public stigma, and long-term consequences, the client sought assistance from attorneys experienced in the Crime of Public Indecency.

The defense team formed a specialized task-force approach to secure the most favorable outcome.



2. Crime of Public Indecency New York | Applicable Legal Framework


New York laws addressing public exposure and unwanted touching vary depending on intentcontext, and degree of harm.



Legal Elements of Public Indecency


A Crime of Public Indecency generally requires:

• Intentional exposure or lewd behavior

• In a location visible to the public

• That constitutes an offensive sexual display

The defense emphasized that intoxication, lack of sexual motivation, and unintended exposure are critical factors that can negate liability for a Crime of Public Indecency.



Understanding Related Unwanted-Contact Allegations


Unwanted contact claims arise if touching occurs without consent.

These cases require examining witness credibility, clarity of physical contact, and whether it was accidental.

A strong defense challenges assumptions and presents contextual evidence.



3. Crime of Public Indecency New York | Defense Strategy and Evidence Development


Crime of Public Indecency New York | Defense Strategy and Evidence Development

 

The firm developed a multi-layered strategy to demonstrate lack of intent, mitigate circumstances, and support non prosecution.



Demonstrating Lack of Intent and Influence of Intoxication


The attorney argued that the client’s actions were not sexually motivated but instead the result of intoxication and discomfort from wet clothing.

By establishing the unintentional nature of the exposure, the defense reframed the narrative away from a Crime of Public Indecency.



Presenting the Client’s Clean Record and Responsible Character


Character statements from family and colleagues showed he was a dependable employee and community member.

This reinforced that the alleged Crime of Public Indecency did not reflect any pattern of misconduct.



Negotiating and Documenting Victim Resolutions


The attorney facilitated apologies and received non prosecution statements from the witnesses.


This significantly reduced the likelihood of prosecution.



Showing Low Risk of Repetition and Proactive Rehabilitation


The defense documented the client’s voluntary participation in counseling and alcohol management sessions.

This helped establish that the incident was isolated and unlikely to recur.



4. Crime of Public Indecency New York | Non Prosecution Outcome


After reviewing the evidence, prosecutors issued a formal non prosecution decision, allowing the client to avoid all charges.

A Crime of Public Indecency can lead to incarceration, reputational harm, and even sex-offender registration in certain cases.

The non-prosecution outcome prevented these severe consequences and safeguarded the client's future.

SJKP assists clients accused of a Crime of Public Indecency, offering early-stage defense, mitigation planning, victim negotiations, and evidence analysis.

If you are facing a Crime of Public Indecency allegation, contact SJKP for confidential, strategic legal support.


25 Nov, 2025


The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
Certain informational content on this website may utilize technology-assisted drafting tools and is subject to attorney review.

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