405-778-4800
Criminal Attorney Oklahoma Defense Lawyer Adam R. Banner OKLAHOMA CRIMINAL DEFENSE ATTORNEY AT LAW
This Attorney is Lead Counsel Rated. Click here for more Information.

Naked Stroll Lands Oklahoma City Man in Jail

04-Jul-2014

A woman driving down the 300 block of Blackwelder in Oklahoma City Wednesday night was surprised to see a naked man bouncing a ball against the wall of a business. The woman took out her cell phone, recorded the incident, and notified police. The man, upon seeing the woman's cell phone, put on shorts. However, the video provided police enough information to detain Donald Edward Kelly, 56, for public indecency.

Upon investigation, officers also discovered that Kelly was wanted on a warrant out of Logan County for failure to appear in court regarding a conviction for being a convicted felon in possession of a firearm.

A homeless man, Kelly has a number of prior convictions dating back to 1989 across Oklahoma, including Garfield County, Logan County, and Oklahoma County. Past crimes include carrying a concealed weapon, larceny of an automobile, unauthorized use of a vehicle, felon in possession of a firearm, leaving the scene of an accident involving damage, driving without a license, second degree burglary, and escape from a penitentiary.

Kelly was booked into the Oklahoma County Jail early Thursday morning, where he remains as of this writing.

Often, people are confused by the difference between public indecency and indecent exposure. These two crimes do share some commonalities--in general, the exposure of one's body, but their are some significant differences that indicate whether the offense will be charged as a misdemeanor or a felony sex crime.

Public indecency is defined in 21 O.S. 22 under "Acts Resulting in Gross Injury." This statute reads, "Every person who willfully and wrongfully commits any act which grossly injures the person or property of another, or which grossly disturbs the public peace or health, or which openly outrages public decency, including but not limited to urination in a public place, and is injurious to public morals, although no punishment is expressly prescribed therefor by this code, is guilty of a misdemeanor." As a misdemeanor, outraging public decency carries a maximum penalty of one year in county jail.

Indecent exposure, on the other hand, is a felony sex offense. It is covered in 21 O.S. 1021, the section of Oklahoma criminal law that describes the state's obscenity and child pornography laws.

The indecent exposure statute reads in part as follows:

"Every person who willfully and knowingly . . . [l]ewdly exposes his or her person or genitals in any public place, or in any place where there are present other persons to be offended or annoyed thereby; provided, however, for purposes of this section, a person alleged to have committed an act of public urination shall be prosecuted pursuant to Section 22 of this title unless such act was accompanied with another act that violates paragraphs 2 through 4 of this subsection and shall not be subject to registration under the Sex Offenders Registration Act; . . . shall be guilty, upon conviction, of a felony and shall be punished by the imposition of a fine of not less than Five Hundred Dollars ($500.00) nor more than Twenty Thousand Dollars ($20,000.00) or by imprisonment for not less than thirty (30) days nor more than ten (10) years, or by both such fine and imprisonment."

While some people claim that public urination is a sex crime, state law explicitly states that public urination is an act of public indecency, and not an act of indecent exposure. Some listed on the Oklahoma Sex Offender Registry may claim that they required to be registered sex offenders as a result of a public urination arrest, but an indecent exposure conviction requires intentional, lewd display of one's genitals or private parts--not simply getting caught without a bathroom.

Learn more about what Oklahoma law means by "lewd and lascivious" here.



All News

More News

As Oklahoma County Jail Deaths Continue, Detention Officers Could Face Charges
15-Sep-2017

In May of this year, we examined deaths at the Oklahoma County Jai..

Canadian County Man Accused of Aggravated Possession of Child Pornography
01-Sep-2017

Acting on a tip received by the National Center for Missing and Ex..

Goodwill Employee Accused of Embezzling Deposits
21-Aug-2017

Police say the former assistant manager of a Goodwill store locate..

Stillwater Bail Bonds Agent Arrested for Murder
14-Aug-2017

A Stillwater bail agent who claimed she shot a client in self defe..

Tulsa Massage Parlor Owner Accused of Human Trafficking
11-Aug-2017

A Tulsa massage parlor owner has been arrested on human traffickin..

State Reaches Settlement with Former Death Row Inmate
07-Aug-2017

A former Oklahoma death row inmate whose conviction was later over..

Mother, Grandmother of Recovered Missing Children Arrested
04-Aug-2017

On July 3, David Corsaut texted his ex-wife to make arrangements t..

Couple Sentenced in Child Neglect Death of Infant
31-Jul-2017

A Tulsa mother and her boyfriend were sentenced last week in the c..

No Charges in MWC Home Invasion Shooting
24-Jul-2017

The Oklahoma County District Attorney's Office has announced that ..

Couple Arrested after Reportedly Abusing Child and Making Him Shoplift
21-Jul-2017

A man and woman in Rogers County, Oklahoma, have been arrested on ..

×