Macon, GA asked in Criminal Law for Georgia

Q: If you had no intent of being lewd while urinating off of outside public deck while highly intoxicated can you get char

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1 Lawyer Answer
Jamie B Hernan
Jamie B Hernan
  • Criminal Law Lawyer
  • Roswell, GA
  • Licensed in Georgia

A: If you were charged with public indecency (Georgia Code section 16-6-8) the state would need to prove that you committed the act of a lewd exposure of the sexual organs in a public place. The act was not really accidental (like the wind blowing up a dress) but was due to your level of intoxication. Your intoxication will not really serve as a viable defense; however, it could help explain the behavior and be used to show (based on your record) that you never would have done something like that in a sober state.

That being said, you need to consult with an attorney directly who can review the evidence, assess whether you have any viable defenses and negotiate with the prosecutor to try to work out a resolution (such as a diversion program that could result in the dismissal of the charge and expungement in certain circumstances).

The Georgia Code can be found online at

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