What Is Indecent Exposure? Meaning, Types And Legality

It’s important to understand how the government defines indecent exposure to avoid running afoul of the law and potentially facing criminal penalties.

Legal Definition

The federal regulation prohibiting indecent exposure is found in 25 CFR § 11.408. This statute states that “a person commits a misdemeanor if he or she exposes his or her genitals under circumstances in which he or she knows his or her conduct is likely to cause affront or alarm.”

Different states have their statutes. While those statutes always require exposure of the genitals, there are different rules regarding what body parts you must expose or what your motivations must be to be charged.

Specifically:

• Some states follow the federal model and make indecently exposing your genitals illegal if you do so in a way that is likely to make others concerned or upset.
• In other states, you’ll be charged only if you expose yourself for some lewd or lascivious purpose, which means you expose yourself for sexual gratification or sexual arousal.
• In others, the law is stricter, and any exposure of your privates in a public space could result in charges unless you fall within an exception, such as for breastfeeding mothers or nudity within a legitimate entertainment program.

Meaning of Indecent Exposure

Indecent exposure requires you to show your private parts willfully. However, there are different definitions of private parts depending on the jurisdiction.

• In some states, private parts include only the penis or vagina, so you would not be charged for revealing a bare female breast, revealing your underwear, or revealing your buttocks.
• Other states define private parts more broadly to include the buttocks or to include female breasts.

The exposure must have been intentional for you to be charged. Accidental exposure, such as your skirt blowing up or your pants falling, would not be considered criminal indecent exposure. There are also exceptions for breastfeeding mothers.

Here are the different types of indecent exposure you could be charged with depending on where you live.

Exposure of Any Private Areas

Some jurisdictions make any exposure of your private areas a crime without regard to motivation.

For example, under NY Penal Law Section 245.01, indecent exposure is defined as someone appearing “in a public place in such a manner that the private or intimate parts of his body are unclothed or exposed.” New York’s law also makes clear that “for purposes of this section, the private or intimate parts of a female person shall include that portion of the breast which is below the top of the areola.”

This offense is a violation in New York. The law does carve out exceptions for breastfeeding or nudity in a play.

Exposure To Annoy or Alarm

Other states will charge you with indecent exposure only if your goal is to offend or frighten someone.

Delaware Code Section 764 states that men are guilty of indecent exposure for revealing their genitals or buttocks, and women are guilty of the offense for revealing their genitals, breasts, or buttocks under circumstances when they know that the “conduct is likely to cause affront or alarm to another person.”

The offense is a second-degree unclassified misdemeanor unless the defendant exposes themselves to someone under age 16, in which case it becomes a Class A misdemeanor under Code Section 765.

Exposure With Lewd or Lascivious Intent

Sometimes, lewd or lascivious intent is required to charge you with this offense.

For example, Georgia defines the crime of public indecency in Section 16-6-8. The Georgia statute states that you commit the offense of public indecency if you engage in acts of sexual intercourse, indecent caresses or fondling in public or if you perform “a lewd exposure of the sexual organs;” or “a lewd appearance in a state of partial or complete nudity.”

The offense is a misdemeanor, although repeat offenders with three or more offenses can face felony charges.

In some states, like Georgia, indecent exposure and public indecency are grouped as the same offense. In others, they are separate offenses. For example, in Colorado:

• Public indecency is defined in Section 18-7-301 as performing lewd exposure of intimate body parts, not including the genitals, to arouse or satisfy sexual desire; acts of sexual intercourse in public; lewd fondling or caressing of someone’s body in public; or knowing exposure of the genitals in view of others in a way that’s likely to cause affront or alarm.
• Indecent exposure is defined in Section 18-7-302 as either knowingly masturbating in public or knowingly exposing your genitals to the view of others in a way that’s likely to cause affront or alarm, with the intent to arouse or satisfy sexual desire.

The exposure of the genitals for a lewd purpose is the key difference between public indecency and indecent exposure.

There are several differences between the states when it comes to indecent exposure. Here are some of the key variations.

• The definition of private areas. Some states punish only exposure of the genitals, including the penis and vagina. Others also consider it an offense to expose the female breasts or buttocks.
• The intent behind the exposure. In some jurisdictions, it doesn’t matter why you expose yourself. In others, it must have been for sexual purposes or designed to alarm or cause affront.

You should talk with a local criminal defense attorney to understand what rules apply where you live to determine if you could be charged with this crime.

If you are accused of indecently exposing yourself, there are several defenses you could raise to try to avoid conviction. Here are a few of those defenses.

Mistaken Identity

You could try to argue that someone else exposed themselves instead of you. If you have an alibi or can prove you were in a different location at the time of the incident, that increases the chances your defense will be successful.

Not in a Public Location

Some laws against indecent exposure require that you be in a public place at the time of the incident, although this isn’t always the case. If your state’s statute only allows prosecution in a public location, you could argue that the incident you were involved in wasn’t illegal if it happened somewhere private.

No Exposure of Genitalia

It may be possible to avoid conviction if you can demonstrate that your genitals were not exposed. For example, if you showed someone your underwear but they could not see your actual private parts, you may be able to avoid a guilty verdict. You’ll also need to check your state’s laws to see what private parts count, as breasts and butts are considered private parts in some states but not others.

No Lewd Intent or Intent To Alarm

If your state requires you to have exposed yourself either with a sexual intent or in a situation where offense and alarm were likely, you can argue that you did not act based on sexual interest or a desire to cause upset to others.

False Accusations

In some cases, you may be able to defend yourself by claiming you were falsely accused. The prosecutor has the burden of proving that you exposed yourself, and if you allege that the supposed victim is lying, the prosecutor would have to demonstrate the truth of their statement beyond a reasonable doubt.

The punishments for this crime vary by state and also depending on the circumstance. It is usually a minor misdemeanor, and penalties could include a short amount of jail time, community service, fines or sometimes court-ordered treatment of some type.

However, there are circumstances in which the charges and possible penalties become more serious. This is the case if you are a repeat offender or if you expose yourself to a minor. You should check with a criminal defense attorney to understand your state’s laws and the penalties you could face.

Indecent exposure statutes are found on the federal level in 25 CFR § 11.408. States across the U.S. also have these laws on the books to prohibit you from showing your genitals for sexual gratification or in a way that causes a disturbance to others.