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Thomas Swartz
Thomas Swartz, Lawyer
Category: Criminal Law
Satisfied Customers: 3130
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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What is the penalty for a first offense of open lewdness ...

Resolved Question:

What is the penalty for a first offense of open lewdness and then what is the penalty to a first offence of indecent exposure?
Submitted: 9 years ago.
Category: Criminal Law
Expert:  Thomas Swartz replied 9 years ago.

HelloCustomer

What state is this in?

Thomas

Customer: replied 9 years ago.
Reply to Thomas Swartz's Post: pennsylvania
Expert:  Thomas Swartz replied 9 years ago.

Open Lewdness (Pennsylvania Consolidated Statutes § 5901) is a Misdemeanor of the Third Degree.

Indecent Exposure (Pennsylvania Consolidated Statutes § 3127) is a Misdemeanor of the First Degree if the victim is less than 16 years of age. Otherwise, Indecent Exposure is a Misdemeanor of the Second Degree.

The maximum penalty that can be imposed for first time offenders is set forth in Pennsylvania Consolidated Statutes § 1104, which provides as follows:

§ 1104. Sentence of imprisonment for misdemeanors.

A person who has been convicted of a misdemeanor may be sentenced to imprisonment for a definite term which shall be fixed by the court and shall be not more than:

1. Five years in the case of a misdemeanor of the first degree.

2. Two years in the case of a misdemeanor of the second degree.

3. One year in the case of a misdemeanor of the third degree.

The above is only the maximum penalty. The Court has the discretion to impose a lower penalty depending on the circumstances of the case. The court also has the authority to impose fines in accordance with the schedule set forth in Pennsylvania Consolidated Statutes § 1101.

I hope this answers your question.

Thomas

 

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