Georgia Indecent Exposure Laws

You may not think urinating in public is a big deal. After all, nobody gets hurt, right? Like it or not, it’s against the law to do this in Georgia. It’s illegal to engage in public indecency, no matter where you live.

Technically, indecent exposure is a sex crime. If the state convicts you of this offense, you’ll be looking at severe criminal penalties. You may even have to register as a sex offender. This will affect your personal and professional life.

Here, we’ll discuss Georgia’s indecent exposure laws and how they may affect you. Hopefully, you’ll never face these kinds of charges. But if you do, it’s a good idea to be familiar with Georgia law and the potential consequences.

Elements of Indecent Exposure

Georgia law is very clear on what justifies indecent exposure charges. While this crime may involve something as simple as urinating in a public park, it also extends to more egregious acts.

According to O.C.G.A. §16-6-8, one commits indecent exposure when they engage in any of the following behaviors:

• Engaging in sexual intercourse in a public place
• A lewd exposure of one’s genitals
• Partial or total nudity while exposing your private parts
• A lewd caress or fondling of the body of another person

The offense of public indecency doesn’t require that someone report the behavior as indecent. Nor does it require that the offender engage in a sexual assault. It is the act of displaying your genitals or engaging in someone else’s genital area while in public.

The purpose of Georgia’s indecent exposure laws is to outline specific lewd acts that can lead to a public indecency charge. If law enforcement observes a person doing any of the above acts, they can charge them with the crime of indecent exposure.

Public Places

There is no special definition of a public place for purposes of these laws. Generally, a public place is anywhere open to the public. This could include any of the following places:

• Park and recreation centers
• Public meeting places
• Concert arenas
• Sports arenas
• Public streets
• Parking lots
• Outside a bar, restaurant, or nightclub

This is not an exhaustive list. Lawmakers have gone so far as to include jails and correctional institutions as public places. Generally, the courts have the discretion to decide whether you engage in lewd acts in a public place, and they do so on a case-by-case basis. It’s the prosecutor’s job to prove each element of the crime. If they can't, the judge must acquit you of any charges.

Local ordinances may also define what constitutes a public place in more detail.

Possible Defenses to Indecent Exposure

There are several possible defenses to indecent exposure in Georgia. Your criminal defense attorney can let you know if any of these defenses apply in your case.

• Consent — The defendant may claim that the witness or complainant consented to viewing the lewd act.
• Accident — Your attorney may argue that you had no intention of engaging in indecent exposure. Perhaps you had a rip in your pants or extremely loose clothing.
• Non-sexual intent — The offender may claim that their motivation wasn’t sexual in nature, such as urinating in public.

The burden of proving indecent exposure falls on the prosecutor. They must prove their case beyond a reasonable doubt. It is for the judge or jury to determine if you’re guilty.

Georgia Indecent Exposure Laws at a Glance

The following table provides a basic overview of Georgia’s indecent exposure laws and penalties.

Note: State laws are subject to change through new legislation, higher court rulings, and other means. While we strive to provide the most current information, consult an attorney or conduct legal research to verify your state laws.

More Resources

If you have more questions about Georgia indecent exposure laws, click on the following links: 

• What You Can Expect from the Best Criminal Defense Attorney
• Georgia Criminal Statute of Limitations
• Georgia Criminal Laws

Accused of Indecent Exposure in Georgia? Contact an Attorney

If the state convicts you of public indecency, you’ll face severe penalties and consequences. You should meet with a skilled criminal defense lawyer to discuss your options.