Exposing genitals, pubic area, or intimate parts defense attorney

What is exposing genitals, pubic area, or intimate parts?

Section 948.10 of the Wisconsin Statutes prohibits exposing genitals, pubic area, or intimate parts.  Specifically, the statute indicates:

Whoever, for purposes of sexual arousal or gratification, causes a child to expose genitals, pubic area, or intimate parts, or exposes genitals, pubic area, or intimate parts to a child [commits this offense].

Secondly, exposing genitals, pubic area, or intimate parts is a Class I felony.  In certain circumstances it’s a Class A misdemeanor.  Those circumstances include: The defendant was a child when the violation occurred; or, at the time of the violation the defendant was under 19 years old and was not more than 4 years older than the chid.  Thankfully this exception covers “mooning” or streaking situations that are simply the product of immaturity.  While even classification of those offenses as a Class A misdemeanor is concerning, at least the law prevents overzealous prosecutors from overcharging a simple offense.

Finally, exposing genitals, pubic area, or intimate parts is not a crime if the defendant is married to the victim.

What are the elements of this offense?

All crimes in Wisconsin have certain elements.  An element is a part of the offense.  And finally, the government must prove each element of each crime beyond a reasonable doubt.  Wisconsin Criminal Jury Instruction 2140 provides the elements of this offense:

• Firstly, the defendant exposed his genitals, pubic area, or other intimate part to the victim; and
• Secondly, the defendant exposed his genitals, pubic area, or other intimate part for the purpose of the defendant’s sexual arousal or sexual gratification; and
• Thirdly, the victim was under the age of 18 years at the time of the alleged offense; and
• Finally, the defendant had attained the age of 17 years but not the age of 19 years at the time of the alleged offense, and was 4 years older than the victim.

The final element only applies in Class A misdemeanor cases when the defendant is under 19 and within 4 years of age of the victim.

Understanding the elements of this criminal offense allows non-lawyers to better understand exactly what the law prohibits.  In the most simple terms, exposing genitals, pubic area, or intimate parts focuses on exposing yourself inappropriately for a sexual purpose.  An example we frequently see involves masturbation while in a vehicle out in public.  Certainly this activity requires the defendant to expose his or her genitals.  And the purpose of the masturbation was for sexual gratification.  The final two elements simply focus on how old the defendant and victim were.

Important definitions

All statutes and jury instructions rely on at least a few specific terms of art.

Expose means to exhibit to the view of another person.

Intimate parts is defined in section 939.22(19) of the Wisconsin Statutes:  “Intimate parts” means the breast, buttock, anus, groin, scrotum, penis, vagina, or pubic mount of a human being.”

Section 948.01(1) of the Wisconsin Statutes defines child: “Child” means a person who has not attained the age of 18 years, except for the purposes of prosecuting a person who is alleged to have violated a state or federal criminal law, “child” does not include a person who has attained the age of 17 years.

How do I win my exposing genitals, pubic area, or intimate parts case?

Every criminal case is different.  Every case involving sex crimes and children is also different.  How exactly our criminal defense attorneys attack your case involves the specific circumstances of the offense.

First, we’ll determine what’s occurred so far.  Did you give a statement to police?  Our first decision will be whether there’s a basis to challenge that statement.  If you spoke with police, but nothing you said hurt you, obviously filing such a motion won’t help you.  But, did you confess?  Did police read your Miranda warnings?  Even considering those warnings, did they force you to say certain things?  Finally, did you provide a false confession?  All of these considerations are important while we review your case.

Secondly, are there any important substantive motions to file?  For example, did police search your car, home, or apartment?  We’ll examine that search warrant, along with the affidavit in support of the search warrant, to determine whether there’s a challenge to those actions.  Suppression of physical evidence found during an illegal search of your property is a great way to help defend your case.

Finally, is the “victim” credible?  Victim credibility is one of the most important factors to consider while defending a case.  If we can show the victim is a liar, it’s conceivable that the jury will believe he or she has lied about the charges you’re facing.  We determine victim credibility a few ways.  First, we could send our investigator out to interview him or her. Second, there are motions we can file that deal with credibility.  For example, a Shiffra Green motion could allow us to get into the psychological records of the victim.

Contact Van Severen Law Office, hire a top criminal defense attorney, and let’s fight your criminal case.  (414) 270-0202

The criminal defense attorneys at Van Severen Law Office want to help defend your exposing genitals, pubic area, or intimate parts case.  The defense attorneys at our firm are specialists.  By that we mean our focus is 100% on criminal defense.  We simply don’t handle non-criminal cases.  That allows us to more aggressively, intelligently, achieve the results you’re seeking.  It helps us win more cases.

To speak with one of our criminal defense attorneys, call Van Severen Law Office at (414) 270-0202.  We’ll start with a free initial case evaluation, and then proceed from there onto defending your case.  Remember, prosecutors are working hard against you.  Hire a top criminal defense attorney to work hard for you.