Illegal Public Exhibitionism and Flashing Offenses

Typically, public exhibitionism and flashing involves an intentional and deliberate form of indecent exposure in a public location.  However, public exhibitionism and flashing may even occur on private property.

Examples of public exhibitionism and flashing include the following:

• sexual intercourse in a public place
• overt sexual behavior involving nudity in a public place
• masturbation in a public place
• exposing one’s genitalia/private parts in a public place

The Law and Penalties against Public Exhibitionism and Flashing

Every jurisdiction has different laws applicable to public exhibitionism and flashing.  Generally, however, in order to be subject to a criminal charge of public exhibitionism or flashing (which may be charged as “indecent exposure”), the criminal act must occur in a public place.  Nevertheless, there are times where the act may occur on privately owned property, such as one’s home or a private business, if the exposure is indecent and intended to be seen by the public.  Depending upon the jurisdiction, flashing in public may constitute a misdemeanor or a felony crime.  A misdemeanor is a crime which usually carries a monetary penalty and either no jail time or very little jail time.  Conversely, a felony crime is one which typically carries a sentence of at least one year in jail.  In addition, if convicted, a criminal sentence for either a misdemeanor or a felony crime may include the payment of a fine, rehabilitation, court-ordered therapy, community service or any combination of any of these.

Defense for One Accused of Public Exhibitionism and Flashing

If one is accused of public exhibitionism and flashing, one may seek to present a defense to the charges.  Some defenses include mistake, accident or lack of capacity (for instance, the individual lacked the mental capacity to understand what he or she was doing).

How a Lawyer Can Help

If one is charged with public exhibitionism and/or flashing, one should consult with an experienced criminal attorney.  An experienced attorney can not only assess the matter in order to determine what the appropriate course of action is, but also the attorney can help to preserve one’s rights in the case.  Moreover, an experienced attorney can utilize their expertise and contacts in order to try and minimize the sentence in a plea bargain arrangement if the situation should warrant one.  Finally, an experienced attorney can help to achieve the most favorable outcome.