Indecent Exposure Definition – When Is It a Crime?

Most state laws say that you commit the crime of indecent exposure if you:

1. willfully expose your genitals in a public place to others, and
2. the other people are offended or annoyed by it.

Common examples of indecent exposure include:

• urinating in an alley,
• showing full nudity in public view at a beach,
• masturbating in a crowded park, and
• flashing genitalia on a bus.

Indecent exposure is typically charged as a misdemeanor offense (in contrast to a felony or an infraction).

The crime is often punishable by a fine and/or custody in county jail for up to one year. Offenders also typically have to register as a sex offender.

Indecent Exposure Defined

The legal definition of indecent exposure is the lewd exposure of your private parts in a public place.¹

Most state indecent exposure laws define the crime in a similar way. For example, under California law, the elements of indecent exposure are:

1. you willfully exposed your genitals,
2. you did so in the presence of someone who might be reasonably offended or annoyed by the act, and
3. you intended to direct public attention to your genitals for the purpose of either sexual gratification, sexual arousal, or to offend someone.²

“Willfully” Defined

Yes. You are only guilty of the crime of indecent exposure if you willfully expose yourself. “Willfully” means to do something:

• willingly,
• deliberately, or
• on purpose.³

Note that this criminal law definition does not include accidental conduct. So, if you expose your private parts on accident, say your bathing suit falls off at the beach, you are not guilty of indecent exposure.

Also note that New York makes it a crime to expose intimate body parts in public, and the law does not say the behavior has to be intentional. Though it is unlikely the D.A. would prosecute people who accidentally exposed themselves.⁴

Genitals Defined

Most jurisdictions say that you have to expose your genitals for a conviction of this offense to stand.

“Genitals” mean your external sexual or reproductive organs (for example, your penis or vagina).

Given this, you are usually not guilty of indecent exposure if you:

• expose your underwear (no matter how revealing),
• moon someone, or
• reveal a bare female breast (regardless of whether it was revealed for sexual desire or while breastfeeding).⁵

Lewd Exposure

You can only face indecent exposure criminal charges if you expose your private parts in a lewd manner. Lewd conduct basically means that your exposure annoyed, alarmed, or caused an affront to someone.⁶

Given this annoyance element, you are typically not guilty of indecent exposure if your exposure was not in the presence of another person.

Penalties

Most states say that a first-time conviction of indecent exposure is a misdemeanor, punishable by a fine and up to one year in county jail.⁷

Note that you will face aggravated indecent exposure charges if you:

• have a prior conviction for indecent exposure, or
• receive a conviction for a second offense of indecent exposure.⁸

Aggravated charges mean that you will face felony indecent exposure charges. A felony charge is punishable by several years in state prison.⁹

Most states consider this offense a type of sex crime/sex offense similar to sexual assault or unlawful sexual intercourse. This means offenders will have to comply with their state’s sex offender registration requirements.

Best Defenses

Yes. Over my decades of criminal justice experience, I have been very successful in getting indecent exposure charges dismissed completely. Four legal defenses I frequently rely on to persuade prosecutors to drop the case include:

1. you never actually exposed yourself,
2. you were not aware of anyone else being present who would be offended,
3. you were the victim of mistaken identity, and
4. police officers arrested you without probable cause.

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