Indecent Exposure Laws and Penalties

 The crime of Indecent Exposure occurs when a person exposes his or her naked body or genitals in front of anyone who could be annoyed or offended by it. While most people think it only happens in public, Indecent Exposure can happen in just about any environment. The exposure, however, must be willful and lewd.

Indecent exposure penalties vary. A first conviction will likely result in a Misdemeanor sentence of six months in a county jail and/or a fine of up to one-thousand dollars. A second offense will be treated as a Felony and could result in a State prison term. If you're convicted of Felony Indecent Exposure you must register as sex offenders for a minimum of ten years.

To be guilty of Indecent Exposure you must intentionally expose your genitals or naked body, expose yourself in front of someone who might be offended or annoyed by it, intend to direct attention to yourself and, intend to sexually gratify yourself or offend someone else when you do it.

While this definition varies by state, exposure in places accessible to the general public, such as roads, stores, parks, and restaurants certainly falls within the public place requirement. Moreover, exposure in other environments not open to the general public, such as jails and hospitals, may suffice. In fact, in many states, exposure in any place visible to the public is sufficient to satisfy this element of indecent exposure. For example, exposure inside an automobile, which is visible to someone outside the automobile, is sufficient. Similarly, exposure inside a private home may meet the public place requirement if persons outside the home can observe the exposure.

In many states, the law does not require actual observation of the defendant’s private parts. Rather, the law considers whether a reasonable person should have known the act of exposure would be open to observation by others. For example, if a defendant exposes him or herslef in the presence of a third person, who sees the act occurring but turns away to avoid the sight, the act of exposure may be enough for conviction.

A number of defenses are commonly raised by those charged with indecent exposure. Some states permit one person to consent to the nudity of another person. However, even with the consent of one person, a conviction can result if the exposure occurs in the presence of a third person who does not consent. For example, two people might consent to one another’s exposure while committing a sexual act in public, but both could be charged with indecent exposure if they commit the act in the presence of a third person who does not consent.