18 year old charged with public indecency - help!

[BeckBoo]

Georgia

My just turned 18 nephew was arrested last night for “public indecency”. He was playing soccer outside in his boxer shorts (not naked, boxers that are longer than most peoples shorts!) Some neighbor complained and he was arrested.

My first advice to him was to get a lawyer, but he said he will be fine. He is claiming they did not read him his rights as they arrested him. He claims that he did not “confess” to the crime. He has bonded out of the local jail. The arresting officer told him it was a misdemeanor, but it wouldn’t go on his record.

What possible outcomes are there for him? Needless to say, he is an idiot!

Thanks in advance!

 

[anearthw]

I really doubt he has told you the truth here.

 

[justalayman]

Ga. Code Ann. § 16-6-8. Public indecency
(a) A person commits the offense of public indecency when he or she performs any of the following acts in a public place:
(1) An act of sexual intercourse;
(2) A lewd exposure of the sexual organs;
(3) A lewd appearance in a state of partial or complete nudity; or
(4) A lewd caress or indecent fondling of the

so, which specific act is he accused of

(b) A person convicted of the offense of public indecency as provided in subsection (a) of this Code section shall be punished as for a misdemeanor except as provided in subsection (c) of this Code section.



A misdemeanor will be on his record unless he is given a deferred adjudication or deferment.

 

[LeeHarveyBlotto]

Not reading him his rights comes into play only if they want to use anything he said as evidence.

He needs a lawyer.

 

[BeckBoo]

Not reading him his rights comes into play only if they want to use anything he said as evidence.

He needs a lawyer.

I know...i told him that.

 

[BeckBoo]

He is charged with 3) A lewd appearance in a state of partial or complete nudity (in his boxers). Yep - he is an idiot. That is the whole story - got the same on from one of his friends.

 

[Zigner]

He needs an attorney. If what you say is how it really happened, and there was no "peek-a-boo" from his boxers, then the attorney should be able to fix this. If not, then that means that every guy who wears swimming trunks could be in trouble...

 

[Ohiogal]

He is charged with 3) A lewd appearance in a state of partial or complete nudity (in his boxers). Yep - he is an idiot. That is the whole story - got the same on from one of his friends.

If he was just in his boxers and the fly was closed, he was not being lewd. If his penis popped out or he was not completely covered in the groin or he made some gesture, that could be considered lewd.

 

[davew128]

If he was just in his boxers and the fly was closed, he was not being lewd. If his penis popped out or he was not completely covered in the groin or he made some gesture, that could be considered lewd.

I disagree with this. An inadvertent act like the bolded part is certainly not lewd. Example, I'm wearing boxers in bed at night and I hear loud noises in the backyard and run out in my boxers and penis pops out am I being lewd? No of course not.

That said, I suspect the OP's nephew did SOMETHING that justified this, else we're going to have Ms. Ballbricker request a lineup so she can identify the tallywhacker in question.

 

[Ohiogal]

I disagree with this. An inadvertent act like the bolded part is certainly not lewd. Example, I'm wearing boxers in bed at night and I hear loud noises in the backyard and run out in my boxers and penis pops out am I being lewd? No of course not.

That said, I suspect the OP's nephew did SOMETHING that justified this, else we're going to have Ms. Ballbricker request a lineup so she can identify the tallywhacker in question.

He was not running out as you suggested. He was playing ball in his boxers. (Almost typed he was playing balls in his boxers -- which would be lewd).

 

[LeeHarveyBlotto]

I disagree with this. An inadvertent act like the bolded part is certainly not lewd. Example, I'm wearing boxers in bed at night and I hear loud noises in the backyard and run out in my boxers and penis pops out am I being lewd? No of course not.

The setup for a "small claims" joke can't be missed.

 

[BeckBoo]

The setup for a "small claims" joke can't be missed.

Ha! Trust me, I have ragged on him on this. Comes to find out, it was a nosy old lady that called the cops. Apparently she calls when the wind sounds funny too.

I have given him the advice you have given me. Let's see if he listens. Of course, at 18, they think they are 10 feet tall and bullet proof!

Thanks again!

 

[davew128]

He was not running out as you suggested. He was playing ball in his boxers. (Almost typed he was playing balls in his boxers -- which would be lewd).

I didn't suggest he ran out. I offered an example explaining why I completely disagree that doing something in your boxers and something falling out due to non sexual activity isn't lewd in and of itself.

 

[Ohiogal]

I didn't suggest he ran out. I offered an example explaining why I completely disagree that doing something in your boxers and something falling out due to non sexual activity isn't lewd in and of itself.

I can agree with that. HOWEVER, in this situation it is possible it was lewd.