Indecent exposure is the deliberate public exposure by a person of a portion of their body where such exposure is contrary to local standards of appropriate behavior. The term indecent exposure is a legal expression. Social and community attitudes to the exposing of various body parts and laws covering what is referred to as indecent exposure vary significantly in different countries. It ranges from outright prohibition to prohibition of exposure of certain body parts, such as the genital area, buttocks or breasts.
Decency is generally judged by the standards of the local community, which are seldom codified in specifics in law. Such standards may be based on religion, morality or tradition, or justified on the basis of necessary to public order. Non-sexual exhibitionism or public nudity is sometimes considered indecent exposure. If sexual acts are performed, with or without an element of nudity, this can be considered gross indecency, which is usually a more serious criminal offence. In some countries, exposure of the body in breach of community standards of modesty is also considered to be public indecency.
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.
To be convicted of indecent exposure, the prosecution must prove an intent to sexually arouse, or sexually insult or offend someone. Not only makes exposing oneself in public a crime, but also doing it near or on someone else's private property. The first conviction subjects an individual to misdemeanor Indecent exposure penalties, meaning a few months in county jail and/or a fine. A second offense likely would rise to a felony, which would usually lead to a state prison sentence. But perhaps worst of all, in some states any type of conviction that involves exposing oneself can result in a lifetime duty to register as a sex offender. This penalty often makes plea bargaining for an alternative charge vital. It's important to remember that an indecent exposure charge reach the level of a sexual assault if any physical contact is made.
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.
If you are facing a charge of felony indecent exposure, consider consulting with an experienced criminal defense attorney who regularly practices in your area. A lawyer can evaluate the strength of the prosecution’s case against you and help develop any defenses you might have. For example, if you believe that your exposure was not sexually motivated, you’ll need to know whether your state’s law has this requirement, as explained above.
A lawyer’s skillful negotiation with the prosecutor can sometimes result in a reduction of felony indecent exposure charges to misdemeanor charges, and can result in lower fines. A lawyer also can sometimes assist with reaching a plea agreement, which eliminates the requirement that the defendant register as a sexual offender. A local criminal defense attorney, who knows how the prosecutors and judges involved in your case typically handle such cases, can assist with these negotiations. And if you decide to go to trial, having a good lawyer on your side will be essential.
