We get a lot of questions here at the Berlin Law firm regarding peeing in public. The good news, urinating in public is only a misdemeanor in Oklahoma. Urinating in Public is charged as Outraging Public Decency, also known as Gross Acts Resulting in Injury and is a catch all misdemeanor statute.
If you are in Oklahoma and you decide to urinate in public, that is not Indecent Exposure! Oklahoma Statute 21§OS 22 Outraging Public Decency; specifically states that it covers urinating in public and is NOT a felony, nor a registrable offense. By registration I mean you do not have to register as a sex offender on any level if you plea guilty or a jury or judge convicts you.
The difference between Outraging Public Decency and Indecent Exposure is when urinating in public, you are doing it for a specific necessary bodily function. The conduct is not lewd or lascivious meaning you’re not urinating in public because you are expressing and eagerness for sexual indulgence.
You’re most likely peeing behind a tree or truck because you just finished a big gulp or down 32-64 ounces of a delicious coca cola beverage and you've got to go tinkle. With the charge of Indecent Exposure, the criminal felony aspect comes from exposing your genitals in a lewd or lascivious manner meaning “an eagerness for sexual indulgence” and you’re doing it in a public place where others could be annoyed or offended by your conduct.
The significant legal difference between the charges is the “lewd and lascivious” element. Basic bodily function is obviously something no one wants to see be done in public, which is why there is still a criminal misdemeanor offense. However, the one that really has the felony sex offender teeth is an indecent exposure charge.
If you’ve been arrested for urinating in a public place, and the Assistant District Attorney charged you with Indecent Exposure pick up the phone and give us a call here at Berlin Law Firm. We can help you sort that out right away.