Penalties for Indecent Exposure

Indecent exposure is when someone intentionally exposes their private parts in public. It’s considered a sex crime in most states. Exposing yourself can happen for different reasons – as a prank, joke, sexual arousal, or to offend someone else. Even if it was a one-time mistake, indecent exposure charges are serious. This article will cover common penalties, defenses, and what to do if charged.

What is Indecent Exposure?

Indecent exposure laws vary by state but generally ban intentionally revealing private parts in public[1]. Classic examples are flashers wearing trenchcoats who expose themselves to women walking by. Mooning, public urination, masturbation, or having sex in public could also lead to charges[2].

The legal definition requires exposing genitals or sometimes just buttocks, intentionally rather than accidentally, in a public place where others are present who may be offended[3]. Being naked in public isn’t necessarily illegal. But it could be considered indecent exposure if it’s sexually motivated or aims to shock or offend[4].

Penalties for Indecent Exposure

A first indecent exposure conviction is often a misdemeanor, with up to 1 year in jail and fines[5]. But it can be a felony in some states, with over 1 year in prison[6]. Penalties get harsher for repeat offenses. Exposing yourself to a child under 18 can also lead to felony charges with longer sentences.

The most serious consequence is having to register as a sex offender. Many states require registration after an indecent exposure conviction. Even if not required for a first offense, a second conviction or exposure to a minor may lead to having to register.

Common Defenses

It can be hard to defend against indecent exposure charges because of the stigma involved. But there are viable legal defenses in many cases:

• No intent – If exposure was unintentional or accidental rather than for sexual arousal. For example, being surprised to find someone there when getting out of the shower.
• Consent – Some states allow consent as a defense. For example, consent from your partner for exposure during sex outdoors.
• Intoxication – Potentially showing you lacked intent if extremely intoxicated. But could still lead to public intoxication charges.
• Age – Being under the legal age of consent at the time.
• Insanity – Having a diagnosed mental disorder and unable to understand your actions.

What To Do If Charged

Don’t panic or accept a plea deal right away if charged with indecent exposure. Consult an experienced criminal defense lawyer instead. They can evaluate any viable defenses based on the specifics of your case.

A lawyer can also negotiate with the prosecutor, argue to reduce charges, and represent you in court. Fighting the charges is important to avoid jail time and sex offender registration. Make sure to select a lawyer experienced with sex crime cases.