NOTE: There are changes to the original content of this article to cover the impact of Public Acts 96-1551 and 101-238. As recently as January 1, 2020, these acts amended the Illinois statutes concerning public indecency (720 ILCS 5/11-30) and disorderly conduct (720 ILCS 5/26-1) as well as the definitions of sexual conduct and penetration (720 ILCS 5/11-0.1).
The law in the state of Illinois says that is a criminal offense to expose oneself in public. This crime is called public indecency. Upon conviction, the penalties for this offense can include up to one year in jail and a maximum fine of $2,500.
But perhaps most importantly, the crime of public indecency is classified as a sex offense. This means that the defendant may have to register as sex offender, if found guilty.
Public indecency is found in the Illinois Criminal Code at 720 ILCS 5/11-30. The statute provides that the crime of public indecency applies people who are 17 years old and above. Any person who is 16 years old or younger is immune from prosecution for public indecency.
However, the Illinois courts have allowed the State to prosecute minors for disorderly conduct (720 ILCS 5/26-1), typically based on the same type of behavior for which an adult would be charged with public indecency. Disorderly conduct is ordinarily a misdemeanor offense. The punishment can include between 30 and 364 days in jail and $1,500 to $2,500 in criminal fines.
A person who is 17 years of age or older can be charged with public indecency under either of the following circumstances:
- They performed an act of sexual penetration or sexual conduct in a public place; or
- They exposed their body in a lewd manner with the intent to arouse or to satisfy sexual desire in a public place.
What is Considered Public Indecency in Illinois?
A person does not have to be naked in public to be charged with public indecency. In fact, they can be fully clothed and still be guilty. Basically, public indecency occurs in two ways: nudity in public with sexual intent or sex acts (clothed or unclothed) in public.
In every prosecution for public indecency, the State must prove beyond a reasonable doubt that the conduct occurred in a public place. A public place is defined as any place where the conduct may reasonably be expected to be viewed by others. This provision of the statute gives an opportunity to make the argument that there was a reasonable expectation of privacy if the facts allow it in a particular case.
When state legislators drafted the public indecency statute, they made an exemption. Breast feeding an infant does not qualify as public indecency. However, it remains debatable whether breast feeding a young child in public could constitute public indecency.
In any event, an act of sexual penetration or sexual conduct in public constitutes public indecency. These terms are defined by 720 ILCS 5/11-0.1. Sexual conduct includes touching or fondling, directly or on top of clothing. Sexual penetration includes any touching between the sex organs and an object or the mouth.
Penalties & Charges for Public Indecency in Illinois
Public indecency is a Class A misdemeanor offense. If convicted, the defendant can be sentenced to a jail sentence. However, probably the more likely outcome would be a sex offender evaluation and treatment through the probation department.
Although public indecency may seem like a minor offense, the consequences can be very serious. Generally, any offense that is sexual in nature will draw attention from prosecutors and judges. These offenses are reported by the media and they can be very politically charged.
The court may be inclined to order the defendant to undergo a sex offender evaluation and treatment, regardless of whether this type of sentence is appropriate. If the offender cannot complete the evaluation and treatment, then the court can reinstitute a jail sentence.
Furthermore, a conviction for the offense of public indecency cannot be expunged or sealed. It would be a criminal record lasting permanently, because Illinois law prohibits the expungement or sealing of such records.
If the defendant has two prior offenses of public indecency, the third offense becomes a Class 4 felony. Upon conviction, the potential penalties include one to three years in the Illinois Department of Corrections and up to $25,000 in criminal fines.
Given that this charge is sexual in nature, it should be taken very seriously, even though it is charged as a misdemeanor. The damage caused by record for a sex offense is immeasurable. Therefore, defendants should be careful and choose an attorney who is willing to go to trial.