If you're convicted of a felony, you face significant penalties that can permanently change the course of your life. In this case, you must demonstrate that your behavior was the result of their activities. As part of the credibility defense strategy, your attorney may research the victim's background or character. In Illinois, the crime of public indecency includes a lewd exposure of the body in a public place. Stop the person committing sexual assault from appearing at the victims residence, school, work, etc. You may be able to challenge your charge if it was a mistaken identity and you can rely on Ringstrom DeKrey to help develop this defense and help gather the evidence you need to clear your name. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. Claim your free business listing on Superpages. North Dakota Century Code 12.1-31-01.2(11) allows a states attorney to advise and assist any person with preparing the documents to petition for a restraining order. South Carolina's indecent exposure law prohibits exposing private parts in public in a willful and malicious manner. Class A misdemeanor assaults carry a max penalty of 360 days imprisonment, a$3,000 fine, or both. North Dakota law authorizes judges to defer (put off) imposing a sentence and instead place the defendant on probation. For a class C felony, a maximum fine of fifty thousand dollars. Public indecency is doing the following acts knowingly or intentionally in a public place: Appear in a state of nudity with the intent to arouse the sexual desires of oneself or another, Fondle one's genitals or the genitals of another, Public nudity is knowingly or intentionally being nude in a public place. Best of the Jamestown Area. If you feel you have received this message in error, please contact the customer support team at 1-833-248-7801. Often, the "staff" byline is used when rewriting basic news briefs that originate from official sources, such as a city press release about a road closure, and which require little or no reporting. It also is not indecent exposure to be naked in a place where nudity is not unusual, like a locker room. Get tailored advice and ask your legal questions. Under North Dakota's sentencing system, lawmakers define crimes and their felony classifications in statute. Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources. Under Mississippi's indecent exposure statute, it is illegal to willfully and lewdly expose one's person or private parts thereof, in any public place, or in any place where others are present, or to cause another to expose themself. WebAssault Penalties in North Dakota. Misdemeanor indecent exposure or lewdness is fornicating, exposing one's genitals, or performing any other act of gross lewdness under circumstances which the offender should know will likely cause affront or alarm. %PDF-1.4 An example helps explain this. When imposing a felony sentence, judges can order one or more of the following: Generally, a judge will hand down a sentence that includes a term of imprisonment and then either "execute or stay" the prison sentence. Indecent exposure is exposing one's anus or any part of the genitals with an intent to arouse or gratify the sexual desire of any person, with recklessness about whether another is present who will be offended or alarmed. Harassment, on the other hand, happens when someone intends to frighten another in writing, in person, or over the phone. | Consent and self-defense are two examples of an affirmative defense. 2 0 obj It is illegal for a person, in public to do any of the following: Up to 90 days imprisonment, up to a $500 fine, Florida has two separate laws prohibiting the exposure of private parts: Unlawful exposure of sexual organs and lewd or lascivious exhibition in the presence of a person less than 16 years of age. We have the resources, experience, and zeal to defend our clients in the best way possible in order to dismiss or lessen your charge. This tactic can also be used to defend property or another person. A second or third offense under paragraph 1 of subdivision a occurring within three years is a class A misdemeanor. As an example, there are witnesses at the movies who remember you, or coworkers at work who can verify your attendance. These options avoid jail, and after a period of time usually six months or a year the charge is dismissed. Out attorneys then go through the evidence with a fine-tooth comb, searching for any legal, factual, statutory, or constitutional issues. Our newsroom occasionally reports stories under a byline of "staff." Youre probably worried about how youre going to afford bail and legal fees, what this means for your future, and whether or not your case will go to trial. Typically, the offender must spend around 60 to 85% of the sentence behind bars and then is eligible for supervised release. (N.D. Vermont also has a statute outlawing lewd and lascivious conduct with a child. Public place" means anywhere others might reasonably be expected to see the exposure. For murder in North Dakota, there is no Statute of Limitations. Terrorizing could also happen if a person causes the evacuation of a building, place of assembly, or facility of public transportation, or causes a serious disruption or public inconvenience. All inmates get an initial parole review that will determine if and when they are eligible for parole consideration. Exposure of genitals that likely will cause affront or alarm is a misdemeanor. So, the basic distinction between robbery and larcenyis thatrobberyinvolves the use of force, whereaslarcenydoesnt. MIlls is allowed to serve the remainder of his time by electronic home monitoring by Aug. 7. Class A misdemeanor assaults carry a max penalty of 360 days imprisonment, a$3,000 fine, or both. As with any criminal conviction, an indecent exposure conviction can cause you to lose employment, but it also can lead to your name being on a sex offender registry. Exposing one's genitals in public is one of three prohibited acts under the public indecency statute. WebThe law in North Dakota considers assaults against these individuals Class C felonies. We see that you have javascript disabled. To summarize the time limits that the state has to bring charges: Statutes of Limitations for felonies vary based on the crime. 600 E Boulevard AveBismarck, ND 58505-0530, If you have a question relating to a case that is already filed please contact the, North Dakota Century Code 12.1-31-01.2(11), Petition for Sexual Assault Restraining Order, Sexual Assault Restraining Order Cover Sheet, North Dakota Century Code Section 12.1-31-01.2, Rule 34 of the North Dakota Court Administrative Rules and Orders, Register Out-of-State or Tribal Protection Orders. Even though potential landlords and employers recognize that misdemeanors are much less serious than felonies, the safest course of action is to choose an applicantwith no criminal record whatsoever. Indecent exposure, public or private: Class 1 misdemeanor, Indecent exposure in public, third or subsequent conviction: Class 6 felony, Indecent exposure in public after previous conviction for rape, sexual contact with a child under 16, or child pornography: Class 6 felony, Indecent exposure to a child under 13: Class 6 felony, Indecent exposure to a child under 13, second or subsequent conviction: Class 5 felony, Up to 30 days imprisonment and up to $500 fine for a Class 2 misdemeanor, Up to 1 year imprisonment and up to $2,000 fine for a Class 1 misdemeanor, Up to 2 years imprisonment and up to $4,000 fine for a Class 6 felony, Up to 5 years imprisonment and up to $10,000 fine for a Class 5 felony. Many attorneys offer free consultations. Both require the exposure of private parts in a manner that would cause affront or alarm. Violations of probation, however, can result in additional probation conditions, extended probation term, or revocation of probation. A better option is a diversion program or a suspended sentence. Both offenses carry the potential for imprisonment. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. It is illegal to make any open and indecent or obscene exposure of one's person, or of the person of another. All rights reserved. Criminal law is a system of rules that defines what is considered a crime and how the government might prosecute an individual that commits a crimes. Aggravated Indecent Exposure: Fourth degree felony, Up to 1.5 years imprisonment and up to a $5,000 fine for aggravated indecent exposure, a private premises under circumstances in which the offender may readily be observed from either a public place or from other private premises, and with intent that they be observed; or. Misdemeanors are typically punishable by a fine, incarceration or a combination of the two. you need a North Dakota criminal defense lawyer, marijuana possession is legal in many states, Burglary, Shoplifting, Theft, andRobbery, North Dakota Misdemeanor Crimes by Class and Sentences, North Dakota Expungement and Pardon Attorneys, Controlled Substances Violation andDrug Crimes, Fraud,White Collar Crimes, andMoney Laundering, create an incentive to solve crimes quickly. arouse or gratify the person's own sexual response or desire or the sexual response or desire of any person. Reducing Your Class D Felony Charge to a Misdemeanor. Some states in the U.S. allow you to reduce your class D felony charge to a misdemeanor. That is, the state will treat your offense as a misdemeanor rather than a class D felony. Thus, your crime would carry a lighter sentence. However, you must meet specific requirements before this can happen. Forms aren't available for every situation or circumstance. If the victim is younger than 18, it is first degree indecent exposure. Assuming you were unable to avoid a misdemeanor on your record, most states allow for these crimesto be expunged. Terrorizing in North Dakota is a Class C felony and carries a max penalty of 5 years in prison and $10,000 fine. Learn more about FindLaws newsletters, including our terms of use and privacy policy. I will be recommending them to all my family and friends! The bill would impose a Class B misdemeanor as a penalty, which carries a maximum punishment of 30 days in jail and a $1,500 fine. If both parties consented to an activity, it is not deemed unlawful or a crime. There are two indecent exposure offenses in New York that could result in imprisonment: Public lewdness and public lewdness in the first degree. Up to 3 years imprisonment and up to a $1,000 fine. Penalties for Class C felony assaults could involve as much as 5 years in prison and/or a $10,000 fine. California prohibits people from exposing their private parts in a public place or any place where people are present who will be offended or annoyed. Class C - Class C misdemeanor charges are the least serious. If the law provides There are two degrees of indecent exposure. There are various assault charges (physical violence, verbal threats, etc.) Rick is an all star lawyer. Indecent exposure is the exposure of one's genitals with the intent to arouse or gratify the sexual desire of any person in a public place, or in the view of a public place, under circumstances in which the offender knows the conduct is likely to annoy, offend, or alarm another person. Being charged with a crime in North Dakota can be one of the most serious and stressful circumstances one faces during their life. Any user of this information is hereby advised that it is being provided "as is". Delaware has two levels of indecent exposure: Indecent exposure in the first degree (victim under 16) and indecent exposure in the second degree. If you need legal advice, you should consultan attorney. Find an experienced criminal defense attorney in your area today. Indecent exposure is the lewd exposure of genitals in a public or private place where other people are present who might be offended or annoyed. Maine has two separate statutes prohibiting the exposure of genitals: Indecent conduct and visual sexual aggression against a child. ), In 2019, North Dakota lawmakers enacted a law authorizing expungement (or sealing) of felony criminal records if the person remains crime-free for five years after completion of the sentence. 2022 Progress Edition. Many states, including Arkansas, have special first offender programs. North Dakota has only 2 classifications for misdemeanor offenses, including: Class A misdemeanors, which are punishable by a maximum of 360 days imprisonment and up to a $3,000 fine; and Class B misdemeanors, which are punishable by a maximum of 30 days imprisonment and up to a $1,500 fine. Indecent exposure consists of knowingly and intentionally exposing one's primary genital area to public view. Clark also ordered Mills to pay a $35 indigent defense application fee, $2,430 in restitution and a $25 victim-witness fee. Indecency with a child includes exposing one's anus or any part of the genitals, knowing a child under 17 is present, with the intent to arouse or gratify the sexual desire of any person. 1. Included in that list is exposure of one's private parts in public with a sexual intent. Up to 6 months imprisonment and up to $750 fine. It is indecent exposure to knowingly or purposely expose one's genitals or intimate parts by any means, including electronic communication, under circumstances in which the offender knows the conduct is likely to cause affront or alarm in order to: Nebraska's prohibition against indecent exposure is found in its public indecency statute. A person commits the crime of indecent exposure when they do either of the following acts: In Kansas, indecent exposure is one of two crimes listed in the lewd and lascivious behavior statute. Oregon has two statutes outlawing indecent exposure: Public indecency and private indecency. North Dakotas simple assault laws are somewhat vague, but according the North Dakota Criminal Code, a person is guilty if they: Willfully cause bodily injury to another person; OR. A Class C felony is punishable by five years in prison and a $10,000 fine. A Class C felony is punishable by five years in prison and a $10,000 fine. It is illegal to expose one's genitals in a public place or any place where other people are present under circumstances in which the offender knows or should know the conduct is likely to offend, affront, or alarm. This could call into question the persons credibility and whether they are telling the truth about the incident. For indeterminate sentences, the judge announces a prison term or range, but a parole board will determine the offender's release datemaking the release date for an indeterminate sentence unpredictable. A fourth or subsequent violation under paragraph 1 of Colorado has two separate laws prohibiting nudity or exposing genitals. This can seriously impact a persons job, housing, and social opportunities. The sexual misconduct in the first degree statute prohibits exposing one's genitals under circumstances in which the offender knows the conduct is likely to cause affront or alarm. A 64-year-old woman was arrested after she shot a 65-year-old man in the arm Wednesday morning, March 1, in northeast Jamestown, according to Scott Edinger, Jamestown chief of police. Felonies in North Dakota have a maximum possible penalty, meaning there is Being a registered sex offender can disqualify you from many jobs and could limit other rights. A person is guilty of indecent exposure if they do any of the following acts with the intent to arouse, appeal to, or gratify their lust, passions, or sexual desires: Ohio's public indecency statute outlaws indecent exposure of a person's private parts. However, North Dakota law allows for the restoration of the right to possess firearms when a North Dakota state district court revoked the individuals right to purchase, possess or have Indecent exposure also can occur in private under specific circumstances. When a judge stays a prison sentence, the judge conditions the stay (or suspension) on the defendant's agreement to abide by the probation terms. Rick and Bill were unbelievably helpful and accommodating. Contact our office for a free initial consultation. In Washington, indecent exposure means making an open and obscene exposure of one's private parts knowing that the exposure likely will cause reasonable affront or alarm. All rights reserved. Some of the rights lost by a misdemeanor conviction can be restored either by expungement or a pardon from the governor but the safest course of action is to fi9nd a sentencing option that results in a dismissed charge. (N.D. Both crimes prohibit publicly exposing oneself to another person. It is common for a person's memory to be unreliable. Watford City, ND 58854, Phone Number:701-609-1510 A member of a fire department or EMS unit performing their duties. WebTheft of property valued under $50 Texas. Public lewdness: Exposing one's anus or genitals in a public place with recklessness about whether another person is present who will be offended or alarmed. Normally, these programs arent available if the offense was violent, such as an assault. Name For most felonies, the judge has discretion on whether to stay or execute a sentence. x\K, _1@Ol]e=,Bvy@M~-d\]E-_3L??R~_MbZKKPj>z6zY?T[lE~h~{eO@1e6k7KOwiz6ePju^V7MI>C%[j3?fu&L}".9a?M8{5]kw;cZoct kf@JD*ji~,+oRg{] u:J?(!uOs2goZME%u\x23eYA4]i!v_0L:`:o.C:Ch=BTedM-HQ9D%yrezluDWm(Os5K4/2[:X esB2yQjT+UCNSq *.SuOE6-t\vC. If the judge stays the prison sentence, the judge retains control over the offender's sentence. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. By Jeff Burtka, Esq. Title 12.1 - CRIMINAL CODE. Legally reviewed by Bridget Molitor, J.D. Visitors to this site agree that the Court is not liable for errors or omissions of any of the information provided. Code 12.1-32-01, 12.1-32-12 (2020).). Staying a sentence means the judge will suspend the prison sentence and give the offender a chance to serve the sentence in the community on probation. (First This is punishable by a fine of as much as $10,000 and up to five years in prison. If you touch another person in a way that is intended to cause them harm, you've possibly committed simple assault. For a class B felony, a maximum fine of seventy thousand dollars. If the inmate's sentence qualifies, the inmate receives a future parole review date. Forms for Asking for a Sexual Assault Restraining Order. North Dakota law requires prosecutors to file most felony charges within three years of the commission or discovery of the offense. Judges can impose any sentence up to that maximum. The Class C misdemeanors trigger fairly short sentences, and in Texas, first-time offenders face only Maryland prohibits the intentional display of private parts in public and does not require that the offender have an intent for sexual gratification. The attorney listings on this site are paid attorney advertising. Next, we discuss your case with the prosecution and relay any potential plea agreement negotiations with you. The best result is a sentence that does not leave a permanent mark on your criminal record. Judge Cherie Clark sentenced Mills to 120 days in the Stutsman County Correctional Center with credit for five days served. Unlawful entry into or concealment within a vehicle. You may need to conduct additional legal research into your legal issue. and every case differs depending on its facts. Class B - Charges at this level are punishable by up to six months, but more than thirty days imprisonment in a county jail. The court process required by N.D.C.C. This means that a person must commit the unlawful act (actus reus) and must have done it intentionally or known it was wrong while doing it (mens rea). Otherwise it Aggravated Assault. A public place" includes any place that reasonably may be expected to be viewed by others. Information on the site is not intended to replace professional legal counsel. Some misdemeanor crimes such as harassment in Alabama or theft in Texas will call into question your character and whetheryou can be trusted working or living with others. Code 12-60.1-01, 12-60.1-02 (2020). Clark also ordered Mills to pay a $35 indigent defense application fee, $2,430 in restitution and a $25 victim-witness fee. Click here to review our exceptional case results:View Our Recent Case Results. Class H Felony. In those cases, the time limit would not begin until the person is living back in North Dakota and their location is known. Under circumstances in which the offender knows the conduct is likely to cause affront or alarm, it is illegal to intentionally expose one's sex organs or anus, or the sex organs or anus of another person, or intentionally cause such exposure by another, or engage in any overt act of sexual gratification. PO Box 1933 Code 9-04-02 (2020).). Chapter 12.1-05 of the North Dakota Century Code. Luckily, if youve been charged with assault in North Dakota, youre not aloneand there are plenty of resources out there to help you through the process from start to finish. Stalking is typically defined as one person following another person to harass or threaten them on a regular basis and without purpose. Possession in the Second Degree is classified as a Class C felony, which is punishable with up to 10 years in prison! Assaults classified as Class B misdemeanors carry a max penalty of 30 days in jail, a $1,500 fine, or both. Stay up-to-date with how the law affects your life. Getting jobs and housing can be very difficult with a misdemeanor conviction. Copyright 2023 Thryv, Inc. All rights reserved. This article will discuss felony sentencing, parole, and expungement in North Dakota. North Dakota is fairly notable for their stiff penalties on several different types of trespassing within the states borders. Firms, S.D. The time period usually begins on the day the crime was committed, but this can vary depending on the circumstances. An indecent exposure is aggravated if the offender also fondles themself. The attorneys at Sand Law, PLLC have handled countless criminal cases at all stages of litigation. First, it is important to conduct an in-depth case evaluation. For instance, the law requires offenders convicted of armed felonies to serve their sentences in prison without parole. However, is considered a Class C Felony if the alleged victim is a peace officer. The penalties for this Class A misdemeanor include a $3,000 maximum fine and a maximum jail sentence of a year. Speak with a local criminal defense attorney if you've been arrested for, charged with, or investigated for a crime. Since they weren't capable of carrying out their threats, menacing (and not terrorizing) was most likely what happened. What constitutes a crime is defined by statute (or a specific law); statutes vary from state to state and government to government. A conviction carries a punishment of up to one year in county jail, but more than six months. In Arizona, it is considered indecent exposure when a person intentionally exposes their genitals, anus, or breasts (if female) in the presence of another person with recklessness about whether the other person would be offended. Up to 30 days imprisonment, up to a $1,000 fine. Indecent exposure does not require proof of intent to offend another or that the exposure was observed. Unless you have a prior conviction or had some type of aggravating circumstance associated with your misdemeanor arrest, the most likely scenario is a mitigated sentence or perhaps even a suspended sentence. (Sex offenses cannot be expunged, and violent felony offenses cannot be expunged for 10 years.) North Dakota classifies drugs into something called schedules, fromSchedule I which are considered the most dangerous drugs to Schedule V which are considered the least dangerous. However, it is possible to get a longer sentence. | Last updated May 17, 2021. Statutes authorize a range of penalties that can be imposed for misdemeanors. This information is provided as a service to the general public. The law presumes that class C felony sentences should be stayed (called presumed probation), but a judge can override this presumption if the circumstances warrant it. If you were arrested for driving under the influence (DUI) or for driving while intoxicated or impaired, for example driving while under the influence of alcohol or drugs in North Dakota, you need to get the help of aDUI attorney. For example, if a person in North Dakota physically assaults another person, they may be charged with the state offense of assault. This limited time period is known as thecriminal statute of limitations. You might end up with a criminal conviction that follows you for life the next time you think about skinny dipping, urinating in public, or mooning someone as a prank. Indecent exposure is prohibited under Wisconsin's lewd and lascivious behavior statute. For information on misdemeanors, see North Dakota Misdemeanor Crimes by Class and Sentences. We serve all of the areas around each office and across North Dakota. Indecent exposure means doing any of the following acts in a place other than a public place with the intent to be seen by persons other than invitees and occupants: Public nudity with the intent to be seen by another person: Class B misdemeanor, Public nudity on school grounds, at a public park, or with the intent to arouse sexual desires on a department of natural resources property: Class A misdemeanor, Public indecency, second or subsequent conviction: Level 6 felony, Up to 60 days imprisonment and up to a $500 fine for a Class C misdemeanor, Up to 180 days imprisonment and up to a $1,000 fine for a Class B misdemeanor, Up to 1 year imprisonment and up to a $5,000 fine for a Class A misdemeanor, 6 months to 2.5 years and up to a $10,000 fine for a Level 6 felony, Expose their genitals or pubic area to another not the person's spouse, Commit a sex act in the presence of or view of a third person, Masturbating in a child's presence: Aggravated misdemeanor, Up to 1 year imprisonment and a fine of $430 to $2,560, Up to 2 years imprisonment and a fine of $850 to $8,500 for masturbating in a child's presence, Publicly engaging in otherwise lawful sexual intercourse or sodomy with knowledge or reasonable anticipation that the participants are being viewed by others, Publicly exposing a sex organ with the intent to arouse or gratify the sexual desires of the offender or another, Exposing a sex organ in the presence of a person who is not the spouse of the offender and who has not consented with the intent to arouse or gratify the sexual desires of the offender or another, If committed in the presence of a person under 16 years of age: Severity level 9, person felony, 5 to 17 months and up to a $100,00 fine if committed in the presence of a person under 16 years of age, under circumstances in which one knows or should know that the conduct is likely to cause affront or alarm, First or second degree indecent exposure: Class B misdemeanor, Second conviction for first degree indecent exposure: Class A misdemeanor, Third or subsequent conviction for first degree indecent exposure: Class D felony, Up to 90 days imprisonment and up to a $250 fine, Up to 12 months imprisonment and up to a $500 fine for two convictions for offenses committed in the presence of a minor, 1 year to 5 years imprisonment and a $1,000 to $10,000 fine for three or more convictions for offenses committed in the presence of a minor, intentionally expose one's genitals, pubic hair, anus, vulva, or female breast nipples, in any public place or place open to the public view, or in any prison or jail, with the intent of arousing sexual desire or which appeals to prurient interest or is patently offensive, 6 months to 3 years imprisonment and a $1,000 to $2,500 fine for a first conviction, 6 months to 3 years imprisonment and a $2,500 to $5,000 fine for a second conviction, 2 to 5 years imprisonment and a $5,000 to $10,000 fine for a third or subsequent conviction, 2 to 5 years imprisonment without parole, probation, or suspension of sentence and up to a $10,000 fine for an offense committed in the presence of someone under 17 years of age, Knowingly expose their genitals in public under circumstances that in fact are likely to cause affront or alarm, Expose their genitals in a private place with the intent that they be seen from a public place or from another private place, Expose their genitals in a private place with the intent that they be seen by another person in that private place under circumstances that the actor knows are likely to cause affront or alarm, Cause someone under age 14 to expose their genitals to the actor, Indecent conduct, third or subsequent conviction: Class D crime, Visual sexual aggression against a child: Class D crime, Visual sexual aggression against a child younger than 12 years of age: Class C crime, Up to 6 months imprisonment and up to a $1,000 fine for a Class E crime, Up to 1 year imprisonment and up to a $2,000 fine for a Class D crime, Up to 5 years imprisonment and up to a $5,000 fine for a Class E crime, intentionally exposing genitals, buttocks, or female breasts, in a public place or a place where someone else reasonably could be expected to see the exposure, one or more persons were offended by the exposure, openly or with reckless disregard of public exposure, in a manner so as to produce alarm or shock; and, actually shocking or alarming one or more persons, Open and gross lewdness and lascivious behavior: Felony, Up to 6 months imprisonment and up to a $200 fine for indecent exposure, Up to 3 years imprisonment and up to a $300 fine for open and gross lewdness and lascivious behavior, In Michigan, indecent exposure is knowingly making any open or indecent exposure of oneself or another person, Aggravated indecent exposure is knowingly making any open or indecent exposure of oneself or another person while fondling one's genitals, pubic area, buttocks, or, if the offender is female, breasts, Up to 1 year imprisonment and up to a $1,000 fine for indecent exposure, Up to 2 years imprisonment and up to a $2,000 fine for aggravated indecent exposure, 1 day to life imprisonment if previously adjudicated a sexually delinquent person, Willfully and lewdly exposing one's body or private parts, Causing another to expose their private parts, Engaging in any other open or gross lewdness or lascivious behavior, or any public indecency, If committed in the presence of a minor under the age of 16: Gross misdemeanor, If commited while restricting another person's freedom to move: Felony, If second conviction for indecent exposure in the presence of a minor under the age of 16: Felony, Up to 90 days imprisonment and up to a $1,000 fine, Up to 1 year imprisonment and up to a $3,000 fine for a gross misdemeanor, Up to 5 years imprisonment and up to a $10,000 fine for a felony, Up to 6 months imprisonment and up to a $500 fine, Up to 1 year imprisonment and up to a $1,000 fine for a second conviction, Up to 5 years imprisonment and up to a $5,000 fine for a third or subsequent conviction.
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