Indecent Exposure Attorney in Nassau County
Defense for Indecent Exposure & Public Lewdness Charges in Nassau County, NY
An accusation of indecent exposure or public lewdness can disrupt your life well before any court date. Reputation, employment, and personal relationships are all at risk the moment an allegation surfaces. At Lerner & Lerner, P.C., we handle these cases throughout Nassau County, New York, with discretion and urgency, moving quickly to protect our clients’ interests from the start.
If you’re facing an indecent exposure or public lewdness allegation, call us today at (516) 586-0383 for a confidential consultation with an indecent exposure attorney in Nassau County who understands how these cases are built and how to challenge them.
Former Prosecutors Defending Nassau County Indecent Exposure Cases
Richard Lerner and Kimberly Lerner are a father-daughter team of former prosecutors with over 70 years of combined criminal law experience. That background matters in indecent exposure and public lewdness cases because intent, the definition of a “public place,” and the strength of witness identification are all points prosecutors evaluate when deciding how to charge and pursue a case. We know how that evaluation works because we’ve been on that side of the table.
Both Richard and Kimberly hold the AV Preeminent rating from Martindale-Hubbell and have been recognized by Super Lawyers. Kimberly also serves as a legal correspondent for MSNBC, CNN, and Fox News. We’ve handled thousands of cases for clients across Long Island, and we bring that depth to every indecent exposure matter we take on.
New York’s Indecent Exposure Statutes: What the Charges Actually Mean
New York law distinguishes between three related charges, and that distinction shapes every aspect of how a case unfolds. Understanding which statute applies is the first step toward an effective defense.
Exposure of a Person (NY Penal Law 245.01)
This charge is classified as a violation, not a misdemeanor or felony. It applies when someone appears in a public place with private or intimate parts unclothed or exposed. The statute includes exceptions for breastfeeding an infant and for individuals performing in an authorized play, exhibition, show, or entertainment.
Public Lewdness (NY Penal Law 245.00)
Public Lewdness is a class B misdemeanor. It goes beyond mere exposure: it requires intentional exposure of private parts in a lewd manner, or commission of another lewd act, either in a public place or on private premises where the person may readily be observed and intends to be observed. That lewd intent element is what separates this charge from the lower violation level.
Public Lewdness in the First Degree (NY Penal Law 245.03)
This class A misdemeanor applies in two situations: when a person 19 or older intentionally exposes themselves, intending to be observed by someone under 16 for the purpose of alarming or seriously annoying that person, or when the accused has a prior public lewdness conviction within the preceding year. It carries the most serious potential penalties of the three charges.
New York courts have interpreted “public place” broadly under these statutes. Parks, subway stations, buses, trains, libraries, public restrooms, a parked car visible to passersby, and an office cubicle visible to coworkers have all been found to qualify. Whether a specific location meets that threshold is often a contested issue we examine closely in each case.
Penalties & Collateral Consequences
The potential penalties vary significantly by charge level. As general information, the three charges carry the following exposure:
- Exposure of a Person (violation): Up to 15 days in jail
- Public Lewdness, class B misdemeanor: Up to three months in jail, along with possible probation and fines
- Public Lewdness in the First Degree, class A misdemeanor: Up to 364 days in jail under New York Penal Law Section 70.15
Indecent exposure allegations frequently accompany additional charges such as sexual abuse or forcible touching, which can carry substantially more serious penalties. Beyond court-ordered consequences, a conviction can create a record that can affect employment background checks and housing applications. The stakes extend well past the courtroom, which is why early legal involvement matters.
Common Scenarios & Available Defenses
Not every indecent exposure arrest reflects what the charge suggests. Public urination is sometimes charged as indecent exposure. Other cases arise from misunderstandings about private behavior, misidentification during fast-moving police encounters, or false accusations. Each scenario calls for a different approach.
Defenses we evaluate in these cases include:
- Lack of intent: Accidental or inadvertent exposure doesn’t satisfy the intent element required for the lewdness charges
- No knowledge of observation: If the accused had no reason to believe they could be seen, the public-place or observable-premises element may not be met
- Genuinely private location: Whether the location actually qualifies as a “public place” under New York law is a factual and legal question we scrutinize in each case
- Mistaken identity: Witness identification in brief, unexpected encounters is frequently unreliable
- Statutory exceptions: New York law expressly protects breastfeeding, changing clothes in a designated facility, and performing in an authorized entertainment context
The Nassau County Court Process for Indecent Exposure Cases
Most indecent exposure and public lewdness cases in Nassau County are handled in Nassau County District Court in Hempstead, which has trial jurisdiction over misdemeanors, violations, and infractions. The Nassau County District Attorney’s Office prosecutes these charges, and how a case is framed in its earliest stages can influence whether charges may be reduced or the case may be resolved before trial.
We advise clients from the pre-arrest investigation stage through arraignment, discovery, and motion practice, including suppression motions targeting unlawful police conduct or evidence collection issues. If a case goes to trial, we try it. Early involvement can give us more opportunity to influence how the Nassau County District Attorney’s Office treats a case, and waiting to see how charges develop is rarely in a client’s interest.
Speak with a Nassau County Indecent Exposure Lawyer Today
If you’re under investigation or have already been charged, the decisions made in the next few days can shape the entire case. Lerner & Lerner, P.C. offers a confidential consultation so you can understand your situation and your options without commitment. Our team brings prosecutorial experience, professional recognition, and a deep case history to every defense we build.
Contact Lerner & Lerner, P.C. now at (516) 586-0383 to speak confidentially with an indecent exposure lawyer in Nassau County, NY. We’re ready to get to work.
