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J.Hazelbaker
J.Hazelbaker, Lawyer
Category: Criminal Law
Satisfied Customers: 4385
Experience:  Extensive training and experience in criminal law matters, both prosecuting and defending.
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I was wondering what Pennsylvanias sex in public law was and

Customer Question

I was wondering what Pennsylvania's sex in public law was and what the punishment for it is if caught. For example, if it's behind the building where nobody really goes, is that still against the law?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  J.Hazelbaker replied 7 years ago.
The open lewdness law is the most likely charge:

§ 5901. Open lewdness.

A person commits a misdemeanor of the third degree if he does any lewd act which he knows is likely to be observed by others who would be affronted or alarmed.

As you can see, the element is "knows is likely to be observed". In my opinion, you would have a viable defense by arguing that it took place in an area where you knew noone would observe. It may not fly, depending on the attitude of the prosecutor and judge. The counter would be that one should know that they could be observed in any public place. Still, the defense is worth making. It might give you leverage to negotiate a better deal.

Lewdness is a misdemeanor of the third degree with fine of $250 to $5000 and/or imprisonmnet not more than 90 days.

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J.Hazelbaker and other Criminal Law Specialists are ready to help you
Customer: replied 7 years ago.
Thank you very much
Expert:  J.Hazelbaker replied 7 years ago.
You are very welcome.

Best wishes to you.