A person commits the crime of indecent exposure when they do either of the following acts: In Kansas, indecent exposure is one of two crimes listed in the lewd and lascivious behavior statute. For example, in State v. Rolling Meadows, IL 60008, 633 Skokie Blvd In states that have no lewdness requirement, the offense might not require registration. But if you are in a public place with little chance that someone could see you, experts say that you may be able to win the case. Get tailored advice and ask your legal questions. A look at the, Convicted spy Robert Hanssen dies at Colorado supermax, See Apples pivotal product announcements through, Ukraine trying to end battlefield stalemate in what, BestReviews.com - Top gifts to make everyone happy this spring, Treat your dad with these great Fathers Day gifts, Thoughtful Fathers Day gifts for first-time dads, Our DIY expert weighs in on the top gifts for DIY, Last-minute Fathers Day gifts that will still impress, Do Not Sell or Share My Personal Information. A person violates Maine's indecent conduct statute if they do any of the following: In Maryland, indecent exposure is a common law crime, meaning the crime is defined in case law from courts and not in a statute. It is indecent exposure to knowingly or purposely expose one's genitals or intimate parts by any means, including electronic communication, under circumstances in which the offender knows the conduct is likely to cause affront or alarm in order to: Nebraska's prohibition against indecent exposure is found in its public indecency statute. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Any person who is 16 years old or younger is immune from prosecution for public indecency. Copyright 2022, Azhari, LLC - All Rights Reserved. For example, public urination is unlikely to be a sexual act. In some states, revealing your private parts to people within the same home as you can be indecent exposure. It is considered public indecency to expose one's external genitalia, perineum, anus or pubes or the breast (if the offender is female) in a public place where the offender may reasonably be expected to be viewed by others with the intent of arousing the sexual desire of the offender or another person. Punishments Public indecency is a Class A misdemeanor which is punishable by up to one year in prison. Review the following overview of state indecent exposure laws. However, both offenses could result in jail time. Maryland prohibits the intentional display of private parts in public and does not require that the offender have an intent for sexual gratification. The severity of the penalties depends on the age of victim, the offender's prior convictions, and if the offender restricted the victim's movement. Copyright 2023, Thomson Reuters. In general terms, indecent exposure is the crime of deliberately exposing private body parts in public. There are two indecent exposure offenses in New York that could result in imprisonment: Public lewdness and public lewdness in the first degree. In general, if a person exposes their genitals or other private parts for sexual gratification or with the knowledge that others will be offended, they will be guilty of a crime. Should the accused have actually intended to expose himself, then it is obviously inappropriate. Public indecency (Class B misdemeanor): A person is guilty of public indecency when he performs any of the following in a public place: 1) An act of sexual intercourse as defined in subdivision (2) of section 53a-65; or (2) a lewd exposure of the body with the intent to arouse or to satisfy the sexual desire of the person; or (3) a lewd fondling. We make every effort to keep our articles updated. Unlike public indecency, indecent exposure requires exposure of the genitals and an intent to arouse or satisfy the sexual desire of any person. | If it is daytime and the windows are at a specific angle, it is less likely that others will see the nudity. Consider these gift ideas to show your appreciation. Private indecent exposure, S.D. No matter what, your best option for a public indecency charge is to work with an experienced attorney. To convict someone of indecent exposure, the prosecutor must prove each element of the offense to a judge or jury, beyond a reasonable doubt. Is Breast Feeding in Public Considered Indecent Exposure? The severity of the penalty depends on the number of convictions the offender has or the location of the offense. If an adult exposes genitals, buttocks, or female breast to a child under 13 in a private residence, then the penalties are more severe. Before you go streaking at a pro sports game or urinate in public, you should realize that you may be setting yourself up for serious consequences. It is illegal for a person, in public to do any of the following: Up to 90 days imprisonment, up to a $500 fine, Florida has two separate laws prohibiting the exposure of private parts: Unlawful exposure of sexual organs and lewd or lascivious exhibition in the presence of a person less than 16 years of age. Misdemeanor indecent exposure or lewdness is fornicating, exposing one's genitals, or performing any other act of gross lewdness under circumstances which the offender should know will likely cause affront or alarm. SS was at the NATO protest that took place in downtown Chicago. A person accused of indecent exposure must be reckless about whether other people might get offended or alarmed by the exposure. It can also mean that you didnt have sexual intent. Similarly, in a state where someone of the opposite sex must be present for the exposure, a man's exposure to a heterosexual couple can be enough for a conviction even if the female didn't see it. Public indecency is found in the Illinois Criminal Code at 720 ILCS 5/11-30. Defendant's argument. He was convicted, sentenced to probation and required to register as a sex offender, and appealed. In most cases, your home doesnt qualify for this. What If No One Sees the Defendant's Private Parts? Prohibited lewd and lascivious behavior is doing any of the following acts: In Kentucky, indecent exposure means exposing one's genitals under circumstances that would cause affront or alarm to another person. He has been recognized by Avvo (2013 and 2018), SuperLawyers (2015-2020), The National Trial Lawyers, and other notable organizations, and has spoken at a number of legal conferences. Aggravated indecent exposure requires an intent to intimidate or threaten another person and that a minor is present or the offender commits another crime while exposing their genitals. It makes it illegal to expose oneself in public or private in a way that will offend another person. Indecent exposure means doing any of the following acts in a place other than a public place with the intent to be seen by persons other than invitees and occupants: Public nudity with the intent to be seen by another person: Class B misdemeanor, Public nudity on school grounds, at a public park, or with the intent to arouse sexual desires on a department of natural resources property: Class A misdemeanor, Public indecency, second or subsequent conviction: Level 6 felony, Up to 60 days imprisonment and up to a $500 fine for a Class C misdemeanor, Up to 180 days imprisonment and up to a $1,000 fine for a Class B misdemeanor, Up to 1 year imprisonment and up to a $5,000 fine for a Class A misdemeanor, 6 months to 2.5 years and up to a $10,000 fine for a Level 6 felony, Expose their genitals or pubic area to another not the person's spouse, Commit a sex act in the presence of or view of a third person, Masturbating in a child's presence: Aggravated misdemeanor, Up to 1 year imprisonment and a fine of $430 to $2,560, Up to 2 years imprisonment and a fine of $850 to $8,500 for masturbating in a child's presence, Publicly engaging in otherwise lawful sexual intercourse or sodomy with knowledge or reasonable anticipation that the participants are being viewed by others, Publicly exposing a sex organ with the intent to arouse or gratify the sexual desires of the offender or another, Exposing a sex organ in the presence of a person who is not the spouse of the offender and who has not consented with the intent to arouse or gratify the sexual desires of the offender or another, If committed in the presence of a person under 16 years of age: Severity level 9, person felony, 5 to 17 months and up to a $100,00 fine if committed in the presence of a person under 16 years of age, under circumstances in which one knows or should know that the conduct is likely to cause affront or alarm, First or second degree indecent exposure: Class B misdemeanor, Second conviction for first degree indecent exposure: Class A misdemeanor, Third or subsequent conviction for first degree indecent exposure: Class D felony, Up to 90 days imprisonment and up to a $250 fine, Up to 12 months imprisonment and up to a $500 fine for two convictions for offenses committed in the presence of a minor, 1 year to 5 years imprisonment and a $1,000 to $10,000 fine for three or more convictions for offenses committed in the presence of a minor, intentionally expose one's genitals, pubic hair, anus, vulva, or female breast nipples, in any public place or place open to the public view, or in any prison or jail, with the intent of arousing sexual desire or which appeals to prurient interest or is patently offensive, 6 months to 3 years imprisonment and a $1,000 to $2,500 fine for a first conviction, 6 months to 3 years imprisonment and a $2,500 to $5,000 fine for a second conviction, 2 to 5 years imprisonment and a $5,000 to $10,000 fine for a third or subsequent conviction, 2 to 5 years imprisonment without parole, probation, or suspension of sentence and up to a $10,000 fine for an offense committed in the presence of someone under 17 years of age, Knowingly expose their genitals in public under circumstances that in fact are likely to cause affront or alarm, Expose their genitals in a private place with the intent that they be seen from a public place or from another private place, Expose their genitals in a private place with the intent that they be seen by another person in that private place under circumstances that the actor knows are likely to cause affront or alarm, Cause someone under age 14 to expose their genitals to the actor, Indecent conduct, third or subsequent conviction: Class D crime, Visual sexual aggression against a child: Class D crime, Visual sexual aggression against a child younger than 12 years of age: Class C crime, Up to 6 months imprisonment and up to a $1,000 fine for a Class E crime, Up to 1 year imprisonment and up to a $2,000 fine for a Class D crime, Up to 5 years imprisonment and up to a $5,000 fine for a Class E crime, intentionally exposing genitals, buttocks, or female breasts, in a public place or a place where someone else reasonably could be expected to see the exposure, one or more persons were offended by the exposure, openly or with reckless disregard of public exposure, in a manner so as to produce alarm or shock; and, actually shocking or alarming one or more persons, Open and gross lewdness and lascivious behavior: Felony, Up to 6 months imprisonment and up to a $200 fine for indecent exposure, Up to 3 years imprisonment and up to a $300 fine for open and gross lewdness and lascivious behavior, In Michigan, indecent exposure is knowingly making any open or indecent exposure of oneself or another person, Aggravated indecent exposure is knowingly making any open or indecent exposure of oneself or another person while fondling one's genitals, pubic area, buttocks, or, if the offender is female, breasts, Up to 1 year imprisonment and up to a $1,000 fine for indecent exposure, Up to 2 years imprisonment and up to a $2,000 fine for aggravated indecent exposure, 1 day to life imprisonment if previously adjudicated a sexually delinquent person, Willfully and lewdly exposing one's body or private parts, Causing another to expose their private parts, Engaging in any other open or gross lewdness or lascivious behavior, or any public indecency, If committed in the presence of a minor under the age of 16: Gross misdemeanor, If commited while restricting another person's freedom to move: Felony, If second conviction for indecent exposure in the presence of a minor under the age of 16: Felony, Up to 90 days imprisonment and up to a $1,000 fine, Up to 1 year imprisonment and up to a $3,000 fine for a gross misdemeanor, Up to 5 years imprisonment and up to a $10,000 fine for a felony, Up to 6 months imprisonment and up to a $500 fine, Up to 1 year imprisonment and up to a $1,000 fine for a second conviction, Up to 5 years imprisonment and up to a $5,000 fine for a third or subsequent conviction. In many states, people convicted of indecent exposure must register as sex offenders. The classic example is the "flasher"a guy in a trench coat who opens his coat to expose himself as women walk by. Oregon has two statutes outlawing indecent exposure: Public indecency and private indecency. Please choose a state from the map or the list below for state-specific definitions and statutes for indecent exposure, including in depth overviews of select states . The last updated date refers to the last time this article was reviewed by FindLaw or one of ourcontributing authors. Public indecency consists of any of the following acts in a public place: Up to 6 months imprisonment and up to a $1,000 fine. For example, a person who urinates in public could argue they didn't expose themselves to sexually arouse themselves or another. Rhode Island's indecent exposure law prohibits exposing one's genitals for sexual gratification in a manner that likely will alarm or distress another person. Indecent exposure in the second degree is exposing any of the following body parts under circumstances one knows will likely cause affront or alarm to another: The District of Columbia prohibits the indecent exposure of private parts in a public place. Public indecency is a Class A misdemeanor. Though less common, a harsher approach is to charge people who pee in public with indecent exposure or public lewdness, which are crimes that could require them to register as a sex offender. 30 N. LaSalle Street After a thorough cross examin, PG was charged with a DUI and improper lane usage. Oregon's private indecency statute prohibits exposing one's genitals with the intent of arousing the sexual desire of the offender or another person. A person does not have to be naked in public to be charged with public indecency. Most states' indecent exposure laws make an exception for breastfeeding. However, a third indecent exposure charge after two previous convictions is a Class 6 felony punishable upon conviction with a prison sentence. Thats why, if you are accused of these types of charges Lake County prosecutors charged SN, an Illinois Tollway operator, with two felony counts of theft over $500 and official misconduct. You can only be charged with indecent exposure for having sex with another person in public or exposing yourself for the purpose of arousal. Indecency with a child includes exposing one's anus or any part of the genitals, knowing a child under 17 is present, with the intent to arouse or gratify the sexual desire of any person. Repeat offender (2+) - Class C felony. South Carolina's indecent exposure law prohibits exposing private parts in public in a willful and malicious manner. However, Vermont courts have held that these crimes must include a sexual motivation and exposure. Indecent exposure is prohibited under Wisconsin's lewd and lascivious behavior statute. There are two degrees of indecent exposure. Suite 2140 Recently, a man has been declared wanted for being naked in his own home. Exposing one's genitals in public is one of three prohibited acts under the public indecency statute. Under Texas Penal Code 21.08, a person can face indecent exposure charges for exposing any part of their genitals or anus to other people with the intent to arouse or gratify the sexual arousal of others. Accidentally exposing yourself through a window is not an intended act. It can also lead to probation or community service. States have inconsistent laws about indecent exposure and which crimes require registering as a sex offender. Public place" means anywhere others might reasonably be expected to see the exposure. Indecent exposure in the second degree: Unclassified misdemeanor, Indecent exposure in the first degree: Class A misdemeanor, Up to 30 days imprisonment and up to a $575 fine for an unclassified misdemeanor, Up to 1 year imprisonment and up to a $2,300 fine for a Class A misdemeanor, Make an obscene or indecent exposure of his or her genitalia or anus, Exposing or exhibiting their sexual organs in public or on or visible from the private premises of another in a vulgar or indecent manner, Being naked in public in a vulgar or indecent manner, Intentionally exposing the genitals in a lewd or lascivious manner, Intentionally committing any other sexual act that does not involve actual physical or sexual contact with the victim, Unlawful exposure of sexual organs: Misdemeanor of the first degree, Unlawful exposure of sexual organs, second or subsequent conviction: Felony of the third degree, Lewd or lascivious exhibition: Felony of the second degree, Lewd or lascivious exhibition if the offender is under 18: Felony of the third degree, Up to 1 year imprisonment and up to a $1,000 fine for a misdemeanor of the first degree, Up to 15 years imprisonment and up to a $10,000 fine for a felony of the second degree, Up to 5 years imprisonment and up to a $5,000 fine for a felony of the third degree, A lewd appearance in a state of partial or complete nudity, A lewd caress or indecent fondling of the body of another person, Up to 1 year imprisonment and up to a $1,000 fine, 1 to 5 years and up to a $100,000 fine for a third or subsequent conviction, under circumstances likely to cause affront, Exposes one's genitals in a public place or any place where another person is present and is offended or annoyed by the exposure, Encourage or help another person to expose their genitals in any place where another person is present and is offended or annoyed by the exposure, Up to 10 years imprisonment and up to a $50,000 fine for a second or subsequent conviction, An act of sexual penetration or sexual conduct, A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of the person, Third or subsequent conviction: Class 4 felony, If an adult commits the offense within 500 feet of a school: Class 4 felony, Up to 1 year imprisonment and a $75 to $25,000 fine, 1 to 3 years imprisonment and a $75 to $25,000 fine for a Class 4 felony.
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