Fighting Indecent Exposure Charges

In many cases, indecent exposure amounts to a mere misdemeanor. However, those charged often face stigmatizing consequences that may include being required to register as a sex offender. Indecent exposure charges basically claim that a person exhibited his or her body inappropriately. Most allegations arise from exposure in public places, but there is also a risk to those who wander nude in their own homes near windows and openings where they may be seen. State laws vary and may conflict with each other. Some state laws are more stringent than others, for example charging those with exposure violations just for wearing clothes that are a bit revealing.

Definition

Most laws define indecent exposure as showing one's private parts, including breasts, in a public place where others may witness the act. Laws also focus on the intent. The person must have had the intent to expose with the understanding that his or her conduct would shock others. In some cases, the act is done with the goal of the person's sexual excitement. This would exempt those who accidentally exposed themselves, such as a wardrobe mishap (like a skirt hem caught up near the waist) that resulted in a private part being shown.

What is considered indecent has changed through the years. Laws have tried to keep up with changing social mores, which can become confusing, contradictory and sometimes even convoluted.

Aggravating Factors

Although usually a misdemeanor, public exposure can become a felony where certain factors are at play. For example, exposure in front of minors rises to the level of child sexual abuse in some states. In these cases, the penalties will be harsher.

Penalties

Penalties can include the following:

• Jail time
• Fines (these can run into thousands)
• Restitution
• Probation
• Registering with a national sexual offender database
• Psychiatric counseling
• Community service

These penalties will vary depending on the state and the circumstances surrounding the exposure.

Defending Against Charges

Prosecutors have to prove that the offender exposed himself or herself publicly with the intent to shock. A person charged with indecent exposure can refute this allegation by showing factors that mitigate the charge or refutes the asserted intent. An experienced attorney should be able to effectively argue that any exposure was accidental with no intent involved.

Legal Advice

If you are facing charges of public exposure, you may face very severe consequences that could stigmatize you for years and impede your life. Hiring an attorney as soon as possible can protect you against charges and prevent the embarrassment of being convicted on public exposure.