- My son was arrested by a police man of Shimura Police Station of the Metropolitan Police Department on suspicion of exposing his sexual organ to a woman on her way home on the street in Itabashi, Kita-ward, Tokyo…
- I was drunkenly streaking on the street in Adachi-ward, Tokyo. I was taken to Ayase Police Station of the Metropolitan Police Department, and was put under investigation…
Public indecency (Article 174 of the Penal Code) is a crime of “committing an indecent act” “in public”.
“In public” means “the state that many or undefined persons are able to recognize”.
This does not require that many or undefined persons actually recognized. For example, in case where one commits an indecent act such as exposing his/her sexual organ in a park or on the street, the requirement of “in public” will be met under a circumstance that a passenger would recognize the indecent act if the passenger passed, even though in reality no one was round as of committing.
“Indecent act” indicates an action that unnecessarily arouses or stimulates sexual desire of doer or another; and that sexually insults ordinary people to a remarkable extent and contrary to good moral sense of sex.
It is understood that the crime of public indecency is provided to protect the social sound sexual morals. For that reason, it determines whether an act falls under indecent act considering various circumstances such as time background when committed the act and purpose of the act.
▼Criminal Punishment & Statutory Penalty of Public Indecency
|Charged Offense||Criminal Punishment/Statutory Penalty|
(Article 174 of the Penal Code)
|Imprisonment with work for not more than 6 months, a fine of not more than 300,000 yen, misdemeanor imprisonment without work (imprisonment in a penal institution for not less than a day but not more than 30 days) or a petty fine (punishment to collect coercively money of not less than 1,000 yen but not more than 10,000 yen)|
▼Examples of Common Consultations
- Exposed genital to a female passenger in a car parking along the street → Public indecency, etc.
- Screaming drunkenly without nothing on in a park late at night, and then, arrested by the police. → Public indecency, etc.
- Delivered a video showing an indecent act to a chat site on the Internet, and arrested by the police. → Public indecency, etc.
~Defense in Public Indecency Case~
1. Make Apology, Pay the Damage, and Settle Case Out Of Court
In public indecency case such as exposing genital to a passenger, apologizing and pay the damage to victim, and settle the case out of court work for gain of a decision not to prosecute or reduction of sentence.
Public indecency could be established without victim. However, it can be said that if there is a victim in public indecency case, a public prosecutor determines if he prosecutes or not with an emphasis on with or without out-of-court settlement with the victim. And, it is important to consult a lawyer promptly to reach a settlement before prosecuted.
Early appointment of a lawyer and conclusion of settlement lead to speedy solution of public indecency case.
Even though one has already been prosecuted for public indecency, there is a possibility to reduce sentence by reaching settlement with the victim. For instance, a lawyer submits the fact that settlement was made as evidence to the court to get a decision for the accused.
2. Improve Environment to Prevent Recommitment
It is important to create an environment to prevent the suspect or accused from committing a crime again in public indecency case. For example, the family securely has a supervision over the suspect or accused, the suspect or accused has a counseling session.
Lawyers specializing in criminal and juvenile cases suggest the best way for you and support you based on the cases that they have ever resolved and experience.
If you or your family got arrested or investigated by the police on suspicion of public indecency, please consult a criminal lawyer.
AICHI Criminal Cases Law Firm is a law firm that deals with only criminal and juvenile cases.
We provide for the free consultation and first interview service by criminal lawyers to those who have trouble in public indecency case.
Please contact AICHI Criminal Cases Law Firm.