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Criminal Attorney Oklahoma Defense Lawyer Adam R. Banner OKLAHOMA CRIMINAL DEFENSE ATTORNEY AT LAW

Naked Swimmer Arrested for Indecent Exposure

06-Jul-2015

There is generally nothing unusual about someone swimming at an apartment complex, but then again, the swimmers are usually in a pool--and they typically have clothes on. 

Reports say a man was arrested over the weekend after he was swimming in a pond at a Northwest Oklahoma City apartment complex. Witnesses say he was " naked as a jaybird." Others reported to police that the man was fondling himself as he floated in the pond.

When police arrived, the man allegedly refused to comply with orders to get out of the pond, so firefighters were called to bring a water rescue boat so that authorities could get to the man. For more than an hour, officers in a police helicopter kept an eye on the man as he continually swam away from the boat and attempted to hide in bushes in the pond. Eventually, authorities were able to apprehend the skinnydipper and pull him into the boat. 

The man was transported first to a local hospital for evaluation, and from there, he was taken to the Oklahoma County Jail, where he was booked on complaints of engaging in acts of lewdness and indecent exposure.

Indecent exposure, unlike public indecency, is a felony sex crime. The Oklahoma statute against indecent exposure is found in 21 O.S. § 1021 along with offenses including soliciting a minor to perform in child pornography and other types of "obscene material." According to this law, "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 . . . 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."

State law also explicitly states that public urination is an act of public indecency--not an act of indecent exposure--and therefore is not a felony sex offense. 

Indecent exposure is a Level I sex offense. Although this is the lowest risk classification, the penalty is still quite severe. Anyone convicted of indecent exposure must register as a sex offender every year for 15 years. Oklahoma sex offender registration requirements are strict. They impact where a person can live, where a person can go for recreation, where a person may work, and more. Additionally, sex offender status is publicly available through the Oklahoma Sex Offender Registry and other websites that search for sex offenders by neighborhood.

Being accused of any sex crime is a serious matter, even if the allegations do not involve physical contact with another person. If you are accused, get defense representation as quickly as possible. Call 405-778-4800 for help.  



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