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Obscenity Lawyer in Louisiana

Obscenity law in Louisiana explained.

Carl Barkemeyer is an obscenity defense lawyer in Louisiana. The criminal charge of obscenity in Louisiana is taken very seriously. It is a felony offense that carries a mandatory minimum sentence of six months in prison (possible probation) on the first offense. Therefore, this charge requires serious representation to adequately defend.

Carl Barkemeyer and his law firm have defended many clients charged with obscenity in Louisiana. He will protect your rights to ensure you obtain the best possible results in your case. The prosecutor in these types of cases generally count on witnesses to help prove the case. Carl Barkemeyer is skilled at cross-examining prosecution witnesses. He realizes that things are not always as they appear to the witness. He will use his experience and knowledge to help you develop the best case strategy.

Contact the Louisiana obscenity defense lawyers at the Barkemeyer Law Firm to discuss legal representation. 

What is Obscenity?

Obscenity is the intentional exposure of the private parts 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. The crime of obscenity under La. R.S. 14:106 is a felony in Louisiana.  The potential sentence for obscenity is a fine of not less than $1000 up to $2500 and/or jail time of 6 moths to 3 years with or without hard labor.  That means the judge has some discretion as to whether or not he wants to order the defendant to pay a large fine or a small fine as well as how long to put the defendant in jail.  Obscenity is an offense that allows for probation.

Obscenity Charges

Obscenity charges begin with an arrest by the police department in the jurisdiction where the alleged obscenity charge took place. The police officer will usually have an arrest warrant signed by a judge.  The facts in the arrest warrant will likely have been obtained by any witness to the obscenity charge.  After the officer arrests the defendant, the defendant must then post a bond to get out of jail. The bond will be set by the judge. Depending on the parish, the bail amount could be set the same day or days later. The ball amount ranges greatly for obscenity charges depending on the judge and parish. Typically, bail for obscenity charges is less than $50,000. The prosecutor will actually determine whether or not to formally charge the defendant with obscenity after he reviews the police reports from the arresting officer.  Therefore, the actual, formal obscenity charge is only done by the prosecuting attorney. He may choose to dismiss the prosecution if he prefers.  This is why having an experienced obscenity lawyer to step in and communicate early on with the prosecutor is so beneficial.

Example of Obscenity

The most common example of obscenity is when the defendant is accused of exposing his genitals to a woman in a public area without her consent. Usually, they do not know each other or they have had very little interaction. He commits the alleged obscenity in hopes of sparking her interest in him. The woman gets upset and calls the police.  Another common example of obscenity is when the defendant is accused of masturbating in public. He is seen by a witness who then calls the police. The defendant will often claim he was urinating, rather than masturbating.  Another obscenity example is when the defendant is in his own house exposing himself in a way that can be easily viewed from the street. The defense could be that he did not know the curtains were open or that anyone could see. Every little fact becomes important in these cases.  Another obscenity example is when a woman flashes her breasts.  However, we all know that is crime is not prosecuted on Bourbon Street, especially during Mardi Gras.  But, if a man shows his genitals, he will probably get arrested.

Obscenity Lawyer

An obscenity lawyer is a lawyer that experienced in defending clients charged with obscenity charges. We have helped dozens of clients charged with obscenity. We know what defenses work and how to help our clients even when they have a bad case. Our obscenity lawyers know how to keep our clients out of jail and protect their criminal records as best as possible. We understand that one mistake should not cost our clients the rest of their career.  Mr. Barkemeyer has been an obscenity lawyer for over 18 years. He understands all the different scenarios and defenses and ways to mitigate the obscenity charge.

Indecent Exposure Louisiana

Indecent exposure is the underlying act that leads to an obscenity charge.  For the prosecutor to prove obscenity in Louisiana, he must prove the defendant intentionally committed indecent exposure, with the intent of arousing someone else sexually, or is reasonably offensive. Therefore, the exposure becomes “indecent” if the intent is to arouse or is offensive. Essentially, indecent exposure in Louisiana is an obscenity charge.

Is Obscenity a Felony or Misdemeanor in Louisiana?

The crime of obscenity is a felony in Louisiana.  The potential sentence for obscenity is a fine of not less than $1000 up to $2500 and/or jail time of 6 months to 3 years with or without hard labor.  That means the judge has some discretion as to whether or not he wants to order the defendant to pay a large fine or a small fine as well as how long to put the defendant in jail.  Obscenity is an offense that allows for probation.

obscenity
Obscenity Laws in Louisiana

 

Is Obscenity a Crime?

Obscenity in Louisiana is a crime.  In fact, it is a serious crime.  The legislature has decided to make it a felony, in most cases.

What Qualifies as Obscene?

Basically, it is a judgement call for the judge or jury to determine exactly what is obscene.  The defendant has the option to choose to have a trial if the case cannot be worked out any other way.  At the trial, evidence will be presented by the prosecutor to try to prove the act was obscene.  The judge or jury then gets to determine if it obscene based on the juror’s life experiences.

 

Is Obscenity a Sex Offense in Louisiana?

Generally, obscenity in Louisiana is not a sex offense.  Therefore, those who are convicted of obscenity usually are not required to register as a sex offender.  There is one instance when obscenity can be classified as a sex offense and registration is required. If the defendant is convicted under  La. R.S. 14:106(A)(5), which is obscenity by solicitation of a person under the age of seventeen, then he would be required to register as a sex offender.

 

How We Help Clients Charged with Obscenity

Mr. Barkemeyer has defended clients charged with obscenity for over 16 years.  He understands that every obscenity charge is different and every client is in a different situation.  There are many ways to approach these types of charges.  Many times, the client has a clean record and has made an embarrassing mistake.  The client could have a job and personal life he needs to protect.  We know how to help our client to protect his record and personal life.  Feel free to contact us if you need a criminal defense lawyer for an obscenity charge in Louisiana.  We have represented clients charged with obscenity in many areas of Louisiana including, Baton Rouge, Livingston, Tangipahoa, JeffersonShreveportLafayette, Covington, Ascension, and New Orleans.  

Contact the Louisiana obscenity defense lawyers at the Barkemeyer Law Firm to discuss legal representation. 

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Louisiana DWI & Criminal Lawyers

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Louisiana criminal lawyers and DWI attorneys at the Barkemeyer Law Firm providing legal defense services for clients in Baton Rouge, Ascension, Livingston, Tangipahoa, Port Allen, Alexandria, New Orleans, Lafayette, Metairie, Kenner, Gretna, Hahnville, Chalmette, Slidell, St. Tammany, St. Charles, St. John, St. Bernard, Mandeville, Covington, Shreveport, Bossier, Jefferson, and all of Louisiana.

DISCLAIMER: The information on this website is not formal legal advice nor does it create an attorney-client relationship.

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