{"id":372198,"date":"2021-05-17T09:54:16","date_gmt":"2021-05-17T14:54:16","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/state\/criminal-laws\/indecent-exposure-laws-by-state.html"},"modified":"2024-12-31T10:50:12","modified_gmt":"2024-12-31T15:50:12","slug":"indecent-exposure-laws-by-state","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/criminal-laws\/indecent-exposure-laws-by-state.html","title":{"rendered":"Indecent Exposure Laws by State"},"content":{"rendered":"\n
\n \n
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Indecent Exposure Laws by State<\/h1>\n
\n
\n By Jeff Burtka, Esq.<\/a> | Legally reviewed by Bridget Molitor, JD<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Every state has laws prohibiting people from committing indecent exposure or public lewdness. 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.<\/p>\r\n

In many states, the penalties for indecent exposure increase if a child is present or if a person has more than one conviction for indecent exposure. People with exposure convictions also can find themselves listed on their state’s sex offender registry, which can prevent them from getting certain jobs.<\/p>\r\n

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. Do not get caught with your pants down. Review the following overview of state indecent exposure laws. And if you have been arrested for indecent exposure, find a lawyer<\/a> to defend you from these consequences.<\/p>\r\n

State Indecent Exposure Laws<\/h2>\r\n\r\n
State<\/th>\r\nDefinition<\/th>\r\nStatute (Law)<\/th>\r\nWhat’s Prohibited?<\/th>\r\nClassification of Offense<\/th>\r\nPenalties<\/th>\r\n<\/tr>
Alabama<\/th>\r\nAlabama has two separate exposure crimes: indecent exposure and public lewdness. Indecent exposure is the more serious offense and requires the intent to sexually gratify or arouse. However, both offenses could result in jail time.<\/td>\r\n
    \r\n
  • Indecent exposure: Exposing one’s genitals with the intent to arouse or sexually gratify oneself or another person, knowing the conduct is likely to cause afront or alarm.<\/li>\r\n
  • Public lewdness: Exposing one’s anus or genitals in a public place with recklessness about whether another person is present who will be offended or alarmed.<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Public lewdness: Class C misdemeanor<\/li>\r\n
  • Indecent exposure: Class A misdemeanor<\/li>\r\n
  • Indecent exposure, third or subsequent conviction: Class C felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Up to 3 months in jail and up to a $500 fine for public lewdness<\/li>\r\n
  • Up to 1 year in jail and up to a $6,000 fine for indecent exposure<\/li>\r\n
  • 1 year and 1 day to 10 years imprisonment and up to a $15,00 fine for a third or subsequent indecent exposure conviction<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Alaska<\/th>\r\nIn Alaska, indecent exposure means purposely exposing one’s genitals with reckless disregard of the offensiveness of the act. There are two degrees of indecent exposure. Both offenses carry the potential for imprisonment. Second degree indecent exposure is a misdemeanor, and first degree indecent exposure is a felony.<\/td>\r\nSecond degree indecent exposure:
    \r\n
  • knowingly exposing one’s genitals<\/li>\r\n
  • in another’s presence<\/li>\r\n
  • with reckless disregard for the offensive, insulting, or frightening effect the act may have<\/li>\r\n<\/ul>\r\nFirst degree indecent exposure:
      \r\n
    • knowingly exposing one’s genitals<\/li>\r\n
    • in another’s presence<\/li>\r\n
    • with reckless disregard for the offensive, insulting, or frightening effect the act may have<\/li>\r\n
    • while masturbating<\/li>\r\n
    • or after having a previous indecent exposure conviction<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Indecent exposure in the second degree: Class B misdemeanor<\/li>\r\n
  • Indecent exposure in the second degree in the presence of a person younger than 16: Class A misdemeanor<\/li>\r\n
  • Indecent exposure in the first degree: Class C felony<\/li>\r\n
  • Indecent exposure in the first degree in the presence of a person younger than 16: Class B felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Up to 90 days imprisonment and up to a $2,000 fine for a Class B misdemeanor<\/li>\r\n
  • Up to 1 year imprisonment and up to a $25,000 fine for a Class A misdemeanor<\/li>\r\n
  • Up to 5 years imprisonment and up to a $50,000 fine for a Class C felony<\/li>\r\n
  • Up to 10 years imprisonment and up to a $100,000 fine for a Class B felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Arizona<\/th>\r\nIn Arizona, it is considered indecent exposure when a person intentionally exposes their genitals, anus, or breasts (if female) in the presence of another person with recklessness about whether the other person would be offended. If someone has an accidental wardrobe malfunction, it is not indecent exposure because there is no intent. It also is not indecent exposure to be naked in a place where nudity is not unusual, like a locker room.<\/td>\r\nAriz. Rev. Stat. section 13-1402<\/a><\/td>\r\nIt is illegal to:
    \r\n
  • exposes one’s genitals or anus or for a woman to expose the areola or nipple of her breast or breasts<\/li>\r\n
  • when another person is present<\/li>\r\n
  • with reckless disregard about whether the other person would be offended or alarmed by the act<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Class 1 misdemeanor<\/li>\r\n
  • Third or subsequent conviction: Class 6 felony<\/li>\r\n
  • One or more prior convictions for sexual assault: Class 6 felony<\/li>\r\n
  • Indecent exposure to a person younger than fifteen: Class 6 felony<\/li>\r\n
  • Two or more prior felony convictions for indecent exposure: Class 3 felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Up to 6 months imprisonment, up to a $2,500 fine<\/li>\r\n
  • Up to 2 years imprisonment and up to a $150,000 fine for a Class 6 felony<\/li>\r\n
  • 6 to 15 years imprisonment and up to a $150,000 fine for a Class 3 felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Arkansas<\/th>\r\nIn Arkansas, it is considered indecent exposure to expose one’s sex organs in public view or under circumstances that will cause affront or alarm. The exposure also must be for sexual arousal or gratification.<\/td>\r\nArk. Code section 5-14-112<\/a><\/td>\r\nIt is illegal to:
    \r\n
  • expose one’s sex organs<\/li>\r\n
  • with the purpose to arouse or gratify a sexual desire of oneself or another person<\/li>\r\n
  • in a public place or in public view<\/li>\r\n
  • or under circumstances in which the person knows the conduct is likely to cause affront or alarm<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Class A misdemeanor<\/li>\r\n
  • Fourth or fifth conviction: Class D felony<\/li>\r\n
  • Sixth or subsequent conviction: Class C felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Up to 1 year imprisonment, up to a $2,500 fine<\/li>\r\n
  • Up to 6 years imprisonment and up to a $10,000 fine for a fourth or fifth conviction<\/li>\r\n
  • 3 to 10 years and up to a $10,000 fine for a sixth or subsequent conviction<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
California<\/th>\r\nCalifornia prohibits people from exposing their private parts in a public place or any place where people are present who will be offended or annoyed. The exposure also must be willful (in other words, intentional) and lewd to be considered indecent exposure.<\/td>\r\nCal.Penal Code section 314<\/a><\/td>\r\nIt is illegal to:
    \r\n
  • willfully and lewdly<\/li>\r\n
  • exposes one’s person or private parts<\/li>\r\n
  • in any public place<\/li>\r\n
  • or in any place where there are present other persons to be offended or annoyed<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Misdemeanor<\/li>\r\n
  • Committing indecent exposure after entering another’s home or an inhabited building without consent: Felony<\/li>\r\n
  • Second or subsequent conviction: Felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Up to 6 months imprisonment, up to a $1,000 fine<\/li>\r\n
  • Up to 3 years imprisonment, up to a $10,000 fine for a felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Colorado<\/th>\r\nColorado has two separate laws prohibiting nudity or exposing genitals. These two crimes are public indecency and indecent exposure. Unlike public indecency, indecent exposure requires exposure of the genitals and an intent to arouse or satisfy the sexual desire of any person.<\/td>\r\nPublic indecency is performing any of the following acts in a public place or where the conduct may reasonably be expected to be viewed by members of the public:
    \r\n
  • Sexual intercourse<\/li>\r\n
  • A lewd exposure of the perineum, the anus, the buttocks, the pubes, or the breast of any person with the intent to arouse or to satisfy the sexual desire of any person<\/li>\r\n
  • A lewd fondling or caress of another person’s body<\/li>\r\n
  • A knowing exposure of the person’s genitals to the view of a person under circumstances in which such conduct is likely to cause affront or alarm to the other person<\/li>\r\n<\/ul>\r\nIndecent exposure is doing either of the following under circumstances that are likely to cause affront or alarm to the other person:
      \r\n
    • Knowingly exposing one’s genitals to any person with the intent to arouse or to satisfy the sexual desire of any person<\/li>\r\n
    • Knowingly masturbating in a manner that exposes the act to the view of any person<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Public Indecency: Class 1 petty offense<\/li>\r\n
  • Public indecency, second or subsequent conviction: Class 1 misdemeanor<\/li>\r\n
  • Indecent exposure: Class 1 misdemeanor<\/li>\r\n
  • Indecent exposure, third or subsequent conviction: Class 6 felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Up to 6 months in jail and up to a $500 fine for a Class 1 petty offense<\/li>\r\n
  • Up to 1.5 years in jail and up to a $500 fine for a Class 1 misdemeanor<\/li>\r\n
  • 1 to 1.5 years imprisonment and up to a $1,000 fine for a Class 6 felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Connecticut<\/th>\r\nConnecticut prohibits public indecency, which includes exposing the body in a public place for sexual gratification or arousal. A \u201cpublic place" includes any place that reasonably may be expected to be viewed by others.<\/td>\r\nConn. Gen. Stat. section 53a-186<\/a><\/td>\r\nPublic indecency consists of any of the following acts in a public place:
    \r\n
  • An act of sexual intercourse<\/li>\r\n
  • A lewd exposure of the body with intent to arouse or to satisfy the sexual desire of the person<\/li>\r\n
  • A lewd fondling or caress of the body of another person.<\/li>\r\n<\/ul>\r\n<\/td>\r\n
Class B misdemeanor<\/td>\r\nUp to 6 months imprisonment and up to a $1,000 fine<\/td>\r\n<\/tr>
Delaware<\/th>\r\nDelaware has two levels of indecent exposure: Indecent exposure in the first degree (victim under 16) and indecent exposure in the second degree. Both require the exposure of private parts in a manner that would cause affront or alarm.<\/td>\r\nIndecent 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:
    \r\n
  • genitals<\/li>\r\n
  • buttocks<\/li>\r\n
  • a breast if the offender is a woman<\/li>\r\n<\/ul>\r\nIndecent exposure in the first degree is exposing any of the following body parts to a person under 16 years of age under circumstances one knows likely will cause affront or alarm to another:
      \r\n
    • genitals<\/li>\r\n
    • buttocks<\/li>\r\n
    • a breast if the offender is a woman<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Indecent exposure in the second degree: Unclassified misdemeanor<\/li>\r\n
  • Indecent exposure in the first degree: Class A misdemeanor<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Up to 30 days imprisonment and up to a $575 fine for an unclassified misdemeanor<\/li>\r\n
  • Up to 1 year imprisonment and up to a $2,300 fine for a Class A misdemeanor<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
District of Columbia<\/th>\r\nThe District of Columbia prohibits the indecent exposure of private parts in a public place. The statute that prohibits indecent exposure also prohibits sexual acts, masturbation in public, and an indecent sexual proposal to a minor.<\/td>\r\nD.C. Code section 22-1312<\/a><\/td>\r\nIt is illegal for a person, in public to do any of the following:
    \r\n
  • Make an obscene or indecent exposure of his or her genitalia or anus<\/li>\r\n
  • Masturbate<\/li>\r\n
  • Engage in a sexual act<\/li>\r\n<\/ul>\r\nUnder the statute, it also is illegal to make an obscene or indecent sexual proposal to a minor in public or private.<\/td>\r\n
Misdemeanor<\/td>\r\nUp to 90 days imprisonment, up to a $500 fine<\/td>\r\n<\/tr>
Florida<\/th>\r\nFlorida 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<\/td>\r\nA person commits unlawful exposure of sexual organs by doing one of the following:
    \r\n
  • Exposing or exhibiting their sexual organs in public or on or visible from the private premises of another in a vulgar or indecent manner<\/li>\r\n
  • Being naked in public in a vulgar or indecent manner<\/li>\r\n<\/ul>\r\nLewd or lascivious exhibition is doing any of the following acts in the presence of a person less than 16 years of age:
      \r\n
    • Intentionally masturbating<\/li>\r\n
    • Intentionally exposing the genitals in a lewd or lascivious manner<\/li>\r\n
    • Intentionally committing any other sexual act that does not involve actual physical or sexual contact with the victim<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Unlawful exposure of sexual organs: Misdemeanor of the first degree<\/li>\r\n
  • Unlawful exposure of sexual organs, second or subsequent conviction: Felony of the third degree<\/li>\r\n
  • Lewd or lascivious exhibition: Felony of the second degree<\/li>\r\n
  • Lewd or lascivious exhibition if the offender is under 18: Felony of the third degree<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Up to 1 year imprisonment and up to a $1,000 fine for a misdemeanor of the first degree<\/li>\r\n
  • Up to 15 years imprisonment and up to a $10,000 fine for a felony of the second degree<\/li>\r\n
  • Up to 5 years imprisonment and up to a $5,000 fine for a felony of the third degree<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Georgia<\/th>\r\nUnder Georgia’s public indecency statute, it is illegal to expose sexual organs lewdly or be lewdly naked in a public place.<\/td>\r\nGa. Code section 16-6-8<\/a><\/td>\r\nThe crime of public indecency is committing any of the following acts in a public place:
    \r\n
  • Sexual intercourse<\/li>\r\n
  • A lewd exposure of the sexual organs<\/li>\r\n
  • A lewd appearance in a state of partial or complete nudity<\/li>\r\n
  • A lewd caress or indecent fondling of the body of another person<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Misdemeanor<\/li>\r\n
  • Third or subsequent conviction: Felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Up to 1 year imprisonment and up to a $1,000 fine<\/li>\r\n
  • 1 to 5 years and up to a $100,000 fine for a third or subsequent conviction<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Hawaii<\/th>\r\nHawaii’s indecent exposure statute is simple. It makes it illegal to expose oneself in public or private in a way that will offend another person.<\/td>\r\nHaw. Rev. Stat. section 707-734<\/a><\/td>\r\nIt is illegal to:
    \r\n
  • intentionally expose one’s genitals<\/li>\r\n
  • to another person<\/li>\r\n
  • who is not the offender’s spouse<\/li>\r\n
  • under circumstances likely to cause affront<\/li>\r\n<\/ul>\r\n<\/td>\r\n
Petty Misdemeanor<\/td>\r\nUp to 30 days imprisonment, up to a $1,000 fine<\/td>\r\n<\/tr>
Idaho<\/th>\r\nIn Idaho, it is illegal to expose one’s genitals in a way that will offend or annoy another person. It is also illegal to encourage another person to expose their genitals.<\/td>\r\nIdaho Code section 18-4116<\/a><\/td>\r\nIt is illegal to willfully and lewdly:
    \r\n
  • Exposes one’s genitals in a public place or any place where another person is present and is offended or annoyed by the exposure<\/li>\r\n
  • 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<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Misdemeanor<\/li>\r\n
  • Second or subsequent conviction: Felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Up to 6 months imprisonment, up to a $1,000 fine<\/li>\r\n
  • Up to 10 years imprisonment and up to a $50,000 fine for a second or subsequent conviction<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Illinois<\/th>\r\nIn Illinois, the crime of public indecency includes a lewd exposure of the body in a public place. \u201cPublic place" means anywhere others might reasonably be expected to see the exposure.<\/td>\r\n720 Ill. Comp. Stat. section 11-30<\/a><\/td>\r\nAnyone 17 years old or older who does any of the following acts in a public place commits a public indecency:
    \r\n
  • An act of sexual penetration or sexual conduct<\/li>\r\n
  • A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of the person<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Class A misdemeanor<\/li>\r\n
  • Third or subsequent conviction: Class 4 felony<\/li>\r\n
  • If an adult commits the offense within 500 feet of a school: Class 4 felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Up to 1 year imprisonment and a $75 to $25,000 fine<\/li>\r\n
  • 1 to 3 years imprisonment and a $75 to $25,000 fine for a Class 4 felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Indiana<\/th>\r\nIn Indiana, it is illegal to be nude in public intentionally. There are three different nudity crimes in Indiana:
    \r\n
  • Indecent exposure<\/li>\r\n
  • Public indecency<\/li>\r\n
  • Public nudity<\/li>\r\n<\/ul>\r\n<\/td>\r\n
Ind. Code section 35-45-4-1 503<\/a><\/td>\r\n
    \r\n
  • Public indecency is doing the following acts knowingly or intentionally in a public place:
      \r\n
    • Engage in sexual intercourse<\/li>\r\n
    • Engage in other sexual conduct<\/li>\r\n
    • Appear in a state of nudity with the intent to arouse the sexual desires of oneself or another<\/li>\r\n
    • Fondle one’s genitals or the genitals of another<\/li>\r\n<\/ul>\r\n<\/li>\r\n
    • Public nudity is knowingly or intentionally being nude in a public place<\/li>\r\n
    • 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:
        \r\n
      • Engage in sexual intercourse<\/li>\r\n
      • Engage in other sexual conduct<\/li>\r\n
      • Fondle one’s genitals or the genitals of another<\/li>\r\n
      • Appear in a state of nudity<\/li>\r\n<\/ul>\r\n<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Indecent exposure: Class C misdemeanor<\/li>\r\n
  • Public nudity: Class C misdemeanor<\/li>\r\n
  • Public nudity with the intent to be seen by another person: Class B misdemeanor<\/li>\r\n
  • 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<\/li>\r\n
  • Public indecency: Class A misdemeanor<\/li>\r\n
  • Public indecency, second or subsequent conviction: Level 6 felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Up to 60 days imprisonment and up to a $500 fine for a Class C misdemeanor<\/li>\r\n
  • Up to 180 days imprisonment and up to a $1,000 fine for a Class B misdemeanor<\/li>\r\n
  • Up to 1 year imprisonment and up to a $5,000 fine for a Class A misdemeanor<\/li>\r\n
  • 6 months to 2.5 years and up to a $10,000 fine for a Level 6 felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Iowa<\/th>\r\nIn Iowa, indecent exposure includes exposing one’s genitals or committing a sex act in another’s presence in private if the act would be offensive to the viewer. The act must be done with an intent to sexually gratify oneself or the other person.<\/td>\r\nIowa Code section 709.9<\/a><\/td>\r\nA person commits the crime of indecent exposure when they do either of the following acts:
    \r\n
  • Expose their genitals or pubic area to another not the person’s spouse<\/li>\r\n
  • Commit a sex act in the presence of or view of a third person<\/li>\r\n<\/ul>\r\nThe exposure or sex act must be done to arouse or satisfy the sexual desires of either party, and the offender must know or reasonably should know that the act is offensive to the viewer.<\/td>\r\n
    \r\n
  • Serious misdemeanor<\/li>\r\n
  • Masturbating in a child’s presence: Aggravated misdemeanor<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Up to 1 year imprisonment and a fine of $430 to $2,560<\/li>\r\n
  • Up to 2 years imprisonment and a fine of $850 to $8,500 for masturbating in a child’s presence<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Kansas<\/th>\r\nIn Kansas, indecent exposure is one of two crimes listed in the lewd and lascivious behavior statute. Kansas law prohibits public exposure of sex organs with an intent to arouse or gratify the sexual desires of the offender or the viewer. Public includes a private place that can be viewed by others.<\/td>\r\nKan. Stat. section 21-5513<\/a><\/td>\r\nProhibited lewd and lascivious behavior is doing any of the following acts:
    \r\n
  • Publicly engaging in otherwise lawful sexual intercourse or sodomy with knowledge or reasonable anticipation that the participants are being viewed by others<\/li>\r\n
  • Publicly exposing a sex organ with the intent to arouse or gratify the sexual desires of the offender or another<\/li>\r\n
  • 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<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Class B nonperson misdemeanor<\/li>\r\n
  • If committed in the presence of a person under 16 years of age: Severity level 9, person felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Up to 6 months imprisonment and up to a $1,000 fine<\/li>\r\n
  • 5 to 17 months and up to a $100,00 fine if committed in the presence of a person under 16 years of age<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Kentucky<\/th>\r\nIn Kentucky, indecent exposure means exposing one’s genitals under circumstances that would cause affront or alarm to another person. There are two indecent exposure crimes. If the victim is younger than 18, it is first degree indecent exposure. If the victim is 18 or older, it is second degree indecent exposure.<\/td>\r\nThe following actions are prohibited and are considered first degree indecent exposure:
    \r\n
  • intentionally exposing one’s genitals<\/li>\r\n
  • under circumstances in which one knows or should know that the conduct is likely to cause affront or alarm<\/li>\r\n
  • to a person under the age of 18 years<\/li>\r\n<\/ul>\r\nThe following actions are prohibited and are considered second degree indecent exposure:
      \r\n
    • intentionally exposing one’s genitals<\/li>\r\n
    • under circumstances in which one knows or should know that the conduct is likely to cause affront or alarm<\/li>\r\n
    • to a person under 18 years or older<\/li>\r\n<\/ul>\r\n
        \r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • First or second degree indecent exposure: Class B misdemeanor<\/li>\r\n
  • Second conviction for first degree indecent exposure: Class A misdemeanor<\/li>\r\n
  • Third or subsequent conviction for first degree indecent exposure: Class D felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Up to 90 days imprisonment and up to a $250 fine<\/li>\r\n
  • Up to 12 months imprisonment and up to a $500 fine for two convictions for offenses committed in the presence of a minor<\/li>\r\n
  • 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<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Louisiana<\/th>\r\nLouisiana has a lengthy obscenity statute that prohibits a laundry list of sexual acts. Included in that list is exposure of one’s private parts in public with a sexual intent.<\/td>\r\nLa. Stat. section 14:106<\/a><\/td>\r\nIt is illegal to:
    \r\n
  • intentionally expose one’s genitals, pubic hair, anus, vulva, or female breast nipples<\/li>\r\n
  • in any public place or place open to the public view, or in any prison or jail<\/li>\r\n
  • with the intent of arousing sexual desire or which appeals to prurient interest or is patently offensive<\/li>\r\n<\/ul>\r\n<\/td>\r\n
Felony<\/td>\r\n
    \r\n
  • 6 months to 3 years imprisonment and a $1,000 to $2,500 fine for a first conviction<\/li>\r\n
  • 6 months to 3 years imprisonment and a $2,500 to $5,000 fine for a second conviction<\/li>\r\n
  • 2 to 5 years imprisonment and a $5,000 to $10,000 fine for a third or subsequent conviction<\/li>\r\n
  • 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<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Maine<\/th>\r\nMaine has two separate statutes prohibiting the exposure of genitals: Indecent conduct and visual sexual aggression against a child.<\/td>\r\nA person violates Maine’s indecent conduct statute if they do any of the following:
    \r\n
  • Knowingly expose their genitals in public under circumstances that in fact are likely to cause affront or alarm<\/li>\r\n
  • Expose their genitals in a private place with the intent that they be seen from a public place or from another private place<\/li>\r\n
  • 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<\/li>\r\n<\/ul>\r\nA person violates Maine’s visual sexual aggression against a child statute if they are 18 or older and do any of the following for the purpose of arousing or gratifying sexual desire or for the purpose of causing affront or alarm:
      \r\n
    • Expose their genitals to another person<\/li>\r\n
    • Cause someone under age 14 to expose their genitals to the actor<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Indecent conduct: Class E crime<\/li>\r\n
  • Indecent conduct, third or subsequent conviction: Class D crime<\/li>\r\n
  • Visual sexual aggression against a child: Class D crime<\/li>\r\n
  • Visual sexual aggression against a child younger than 12 years of age: Class C crime<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Up to 6 months imprisonment and up to a $1,000 fine for a Class E crime<\/li>\r\n
  • Up to 1 year imprisonment and up to a $2,000 fine for a Class D crime<\/li>\r\n
  • Up to 5 years imprisonment and up to a $5,000 fine for a Class E crime<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Maryland<\/th>\r\nIn Maryland, indecent exposure is a common law crime, meaning the crime is defined in case law from courts and not in a statute. Maryland prohibits the intentional display of private parts in public and does not require that the offender have an intent for sexual gratification.<\/td>\r\nMd. Code, Crim. Law section 11-107<\/a><\/td>\r\nMaryland prohibits:
    \r\n
  • intentionally exposing genitals, buttocks, or female breasts<\/li>\r\n
  • in a public place or a place where someone else reasonably could be expected to see the exposure<\/li>\r\n<\/ul>\r\n<\/td>\r\n
Misdemeanor<\/td>\r\nUp to 3 years imprisonment and up to a $1,000 fine<\/td>\r\n<\/tr>
Massachusetts<\/th>\r\nIn Massachusetts, there are two separate crimes prohibiting exposure: Indecent exposure and open and gross lewdness and lascivious behavior. Both are common law crimes, meaning they are defined by court cases and not statutes. For both crimes, the exposure must be intentional and offensive to another person. Open and gross lewdness and lascivious behavior has heavier penalties and requires that the act was done to produce alarm or shock.<\/td>\r\nIndecent exposure:
    \r\n
  • Exposing genitals to one or more persons<\/li>\r\n
  • intentionally; and<\/li>\r\n
  • one or more persons were offended by the exposure<\/li>\r\n<\/ul>\r\nOpen and gross lewdness and lascivious behavior:
      \r\n
    • Exposing genitals, breasts, or buttocks<\/li>\r\n
    • intentionally<\/li>\r\n
    • openly or with reckless disregard of public exposure<\/li>\r\n
    • in a manner so as to produce alarm or shock; and<\/li>\r\n
    • actually shocking or alarming one or more persons<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Indecent exposure: Misdemeanor<\/li>\r\n
  • Open and gross lewdness and lascivious behavior: Felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Up to 6 months imprisonment and up to a $200 fine for indecent exposure<\/li>\r\n
  • Up to 3 years imprisonment and up to a $300 fine for open and gross lewdness and lascivious behavior<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Michigan<\/th>\r\nMichigan has two separate exposure crimes: Indecent exposure and aggravated indecent exposure. Both crimes prohibit publicly exposing oneself to another person. An indecent exposure is aggravated if the offender also fondles themself. For both crimes, it does not matter whether the act happens in public or private.<\/td>\r\nMich. Comp. Laws section 750.335a<\/a><\/td>\r\n
    \r\n
  • In Michigan, indecent exposure is knowingly making any open or indecent exposure of oneself or another person<\/li>\r\n
  • 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<\/li>\r\n<\/ul>\r\n<\/td>\r\n
Misdemeanor<\/td>\r\n
    \r\n
  • Up to 1 year imprisonment and up to a $1,000 fine for indecent exposure<\/li>\r\n
  • Up to 2 years imprisonment and up to a $2,000 fine for aggravated indecent exposure<\/li>\r\n
  • 1 day to life imprisonment if previously adjudicated a sexually delinquent person<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Minnesota<\/th>\r\nIn Minnesota, lewdly exposing one’s private parts is prohibited in a public or private place. 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.<\/td>\r\nMinn. Stat. section 617.23<\/a><\/td>\r\nAll of the following acts are prohibited under Minnesota’s indecent exposure law:
    \r\n
  • Willfully and lewdly exposing one’s body or private parts<\/li>\r\n
  • Causing another to expose their private parts<\/li>\r\n
  • Engaging in any other open or gross lewdness or lascivious behavior, or any public indecency<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Misdemeanor<\/li>\r\n
  • If committed in the presence of a minor under the age of 16: Gross misdemeanor<\/li>\r\n
  • If second conviction: Gross misdemeanor<\/li>\r\n
  • If committed while restricting another person’s freedom to move: Felony<\/li>\r\n
  • If second conviction for indecent exposure in the presence of a minor under the age of 16: Felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Up to 90 days imprisonment and up to a $1,000 fine<\/li>\r\n
  • Up to 1 year imprisonment and up to a $3,000 fine for a gross misdemeanor<\/li>\r\n
  • Up to 5 years imprisonment and up to a $10,000 fine for a felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Mississippi<\/th>\r\nIn Mississippi, it is considered indecent exposure to willfully and lewdly expose one’s body or private parts in public or in any place where others are present.<\/td>\r\nUnder Mississippi’s indecent exposure statute, it is illegal to willfully and lewdly expose one’s person or private parts thereof, in any public place, or in any place where others are present, or to cause another to expose themself.<\/td>\r\n
    \r\n
  • Misdemeanor<\/li>\r\n
  • Third or subsequent conviction: Felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Up to 6 months imprisonment and up to a $500 fine<\/li>\r\n
  • Up to 1 year imprisonment and up to a $1,000 fine for a second conviction<\/li>\r\n
  • Up to 5 years imprisonment and up to a $5,000 fine for a third or subsequent conviction<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Missouri<\/th>\r\nIn Missouri, indecent exposure is included in the state’s sexual misconduct statutes. There are two statutes that specifically prohibit indecent exposure: Sexual misconduct in the first degree and sexual misconduct involving a child.<\/td>\r\n
    \r\n
  • The sexual misconduct in the first degree statute prohibits exposing one’s genitals under circumstances in which the offender knows the conduct is likely to cause affront or alarm.<\/li>\r\n
  • The sexual misconduct involving a child statute prohibits knowingly exposing one’s genitals to a child less than fifteen years of age under circumstances in which the offender knows the conduct is likely to cause affront or alarm to the child or for the purpose of arousing or gratifying the sexual desire of any person.<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Sexual conduct in the first degree: Class B misdemeanor<\/li>\r\n
  • Sexual conduct in the first degree, and the offender has a previous conviction for a sex offense: Class A misdemeanor<\/li>\r\n
  • Sexual misconduct involving a child: Class E felony<\/li>\r\n
  • Sexual misconduct involving a child, and the offender has a previous conviction for a sex offense: Class D felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Up to 6 months imprisonment and up to a $1,000 fine for a Class B misdemeanor<\/li>\r\n
  • Up to 1 year imprisonment and up to a $2,000 fine for a Class A misdemeanor<\/li>\r\n
  • Up to 4 years imprisonment and up to a $10,000 fine for a Class E felony<\/li>\r\n
  • Up to 7 years imprisonment and up to a $10,000 fine for a Class D felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Montana<\/th>\r\nMontana’s indecent exposure law requires that the offender act with the intent to harass another person or to sexually gratify themself or another person.<\/td>\r\nMont. Code section 45-5-504<\/a><\/td>\r\nIt 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:
    \r\n
  • abuse, humiliate, harass, or degrade another; or<\/li>\r\n
  • arouse or gratify the person’s own sexual response or desire or the sexual response or desire of any person.<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Misdemeanor<\/li>\r\n
  • Third or subsequent conviction: Felony<\/li>\r\n
  • Committing indecent exposure in the presence of a minor under 16 years of age: Felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Up to 6 months imprisonment and up to a $500 fine<\/li>\r\n
  • Up to 1 year imprisonment and up to a $1,000 fine for a second conviction<\/li>\r\n
  • Up to 10 years imprisonment and up to a $10,000 fine for a third or subsequent conviction<\/li>\r\n
  • 4 to 100 years imprisonment and up to a $50,000 fine for indecent exposure to a minor under 16 years of age<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Nebraska<\/th>\r\nNebraska’s prohibition against indecent exposure is found in its public indecency statute. Exposing one’s genitals in public is one of three prohibited acts under the public indecency statute. The other two prohibited acts are public sexual penetration and fondling another person.<\/td>\r\nNeb. Rev. Stat. section 28-806<\/a><\/td>\r\nIn Nebraska, indecent exposure is exposing, or causing another person to expose, genitals with the intent to affront or alarm any person in a public place where the conduct may reasonably be expected to be viewed by members of the public<\/td>\r\nClass II misdemeanor<\/td>\r\nUp to 6 months imprisonment and up to a $1,000 fine<\/td>\r\n<\/tr>
Nevada<\/th>\r\nIn Nevada, indecent exposure is an open and indecent or obscene exposure of private parts. Indecent exposure does not require proof of intent to offend another or that the exposure was observed.<\/td>\r\nNev. Rev. Stat. section 201.220<\/a><\/td>\r\nIt is illegal to make any open and indecent or obscene exposure of one’s person, or of the person of another.<\/td>\r\n
    \r\n
  • Gross misdemeanor<\/li>\r\n
  • Second or subsequent conviction: Class D felony<\/li>\r\n
  • If offense is committed in the presence of a child under the age of 18: Class D felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Up to 1 year imprisonment and up to a $2,000 fine<\/li>\r\n
  • 1 to 4 years imprisonment and up to a $5,000 fine for a Class D felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
New Hampshire<\/th>\r\nNew Hampshire’s indecent exposure and lewdness law has two levels of severity. Exposure of genitals that likely will cause affront or alarm is a misdemeanor. Indecent exposure is a felony if it is done in the presence of a child younger than 16 and for the purpose of sexual gratification or arousal.<\/td>\r\nN.H. Rev. Stat. section 645:1<\/a><\/td>\r\n
    \r\n
  • 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.<\/li>\r\n
  • Felony indecent exposure is fornicating, exposing one’s genitals, or performing any other act of gross lewdness under circumstances that may be reasonably construed as being for the purpose of sexual gratification or arousal<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Misdemeanor<\/li>\r\n
  • If committed in the presence of a child under the age of 16: Class B felony<\/li>\r\n
  • If second or subsequent conviction: Class B felony<\/li>\r\n
  • If two or more previous convictions for felony indecent exposure: Class A felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Up to a $1,200 fine for a misdemeanor<\/li>\r\n
  • Up to 7 years imprisonment and up to a $4,000 fine for a Class B felony<\/li>\r\n
  • Up to 15 years imprisonment and up to a $4,000 fine for a Class A felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
New Jersey<\/th>\r\nIn New Jersey, indecent exposure is called lewdness<\/i>. If a child under 13 or a person with mental disability observes the offender’s exposed genitals, the penalties are more severe.<\/td>\r\nN.J. Rev. Stat. section 2C:14-4<\/a><\/td>\r\n
    \r\n
  • Indecent exposure is a disorderly persons offense if the offender does any flagrantly lewd and offensive act that they know or reasonably expect will be observed by another nonconsenting person who would be affronted or alarmed<\/li>\r\n
  • Indecent exposure is a crime of the fourth degree if the offender exposes their intimate parts for the purpose of arousing or gratifying the sexual desire of themself or another person under circumstances where the offender knows or reasonably expects to be observed by a child who is less than 13 years of age or a person with a mental disability.<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Disorderly persons offense<\/li>\r\n
  • If observed by a child under 13 years of age or a person with a "mental disease or defect": Crime of the fourth degree<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Up to 6 months imprisonment and up to a $1,000 for a disorderly persons offense<\/li>\r\n
  • Up to 18 months imprisonment and up to a $10,000 fine for a crime of the fourth degree<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
New Mexico<\/th>\r\nNew Mexico has two indecent exposure offenses: Indecent exposure and aggravated indecent exposure. Both prohibit intentionally exposing genitals to public view. 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.<\/td>\r\n
    \r\n
  • Indecent exposure consists of knowingly and intentionally exposing one’s primary genital area to public view.<\/li>\r\n
  • Aggravated indecent exposure consists of knowingly and intentionally exposing one’s primary genital area to public view in a lewd and lascivious manner, with the intent to threaten or intimidate another person, while committing an assaultive crime or while exposing oneself to a person under 18 years of age.<\/li>\r\n
  • For both crimes, primary genital area<\/i> means the mons pubis, penis, testicles, mons veneris, vulva or vagina.<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Indecent exposure: Misdemeanor<\/li>\r\n
  • Aggravated Indecent Exposure: Fourth degree felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Up to 1 year imprisonment and up to a $1,000 fine for indecent exposure<\/li>\r\n
  • Up to 1.5 years imprisonment and up to a $5,000 fine for aggravated indecent exposure<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
New York<\/th>\r\nThere are two indecent exposure offenses in New York that could result in imprisonment: Public lewdness and public lewdness in the first degree.<\/td>\r\nPublic lewdness is intentionally exposing the private or intimate parts of one’s body in a lewd manner or committing any other lewd act in any of the following places:
    \r\n
  • a public place;<\/li>\r\n
  • a private premises under circumstances in which the offender may readily be observed from either a public place or from other private premises, and with intent that they be observed; or<\/li>\r\n
  • while trespassing in a dwelling under circumstances in which the offender is observed by a lawful occupant.<\/li>\r\n<\/ul>\r\nPublic lewdness in the first degree is committing public lewdness:
      \r\n
    • while intending to be observed and being observed by a person less than sixteen years of age for the purpose of alarming or seriously annoying such person; or<\/li>\r\n
    • when the offender has another public lewdness conviction within the previous year.<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Public lewdness: Class B misdemeanor<\/li>\r\n
  • Public lewdness in the first degree: Class A misdemeanor<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Up to 3 months imprisonment and up to a $500 fine for public lewdness<\/li>\r\n
  • Up to 1 year imprisonment and up to $1,000 fine for public lewdness in the first degree<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
North Carolina<\/th>\r\nNorth Carolina prohibits willfully exposing private parts in public. Indecent exposure also can occur in private under specific circumstances. Indecent exposure is a felony if an adult commits the offense in the presence of a person under 16 or the purpose of arousing or gratifying sexual desire.<\/td>\r\nN.C. Gen. Stat. section 14-190.9<\/a><\/td>\r\nUnder North Carolina’s indecent exposure law, it is prohibited to willfully expose private parts under any of the following circumstances:
    \r\n
  • In any public place and in the presence of any other person<\/li>\r\n
  • In the presence of any other person less than 16 years of age for the purpose of arousing or gratifying sexual desire and the offender is 18 or older<\/li>\r\n
  • In the presence of anyone other than a consenting adult on the private premises of another or near enough to be seen from a private premises for the purpose of arousing or gratifying sexual desire<\/li>\r\n
  • In a private residence of which they are not a resident and in the presence of any other person less than 16 years of age who is a resident of that private residence and the offender is 18 or older<\/li>\r\n
  • In a private place with the knowing intent to be seen by a person in a public place<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Class 2 misdemeanor<\/li>\r\n
  • An adult who willfully exposes their private parts in any public place in the presence of a person less than 16 years of age for the purpose of arousing or gratifying sexual desire: Class H Felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Up to 60 days imprisonment and up to $1,000 fine<\/li>\r\n
  • 4 to 25 months imprisonment and a fine in the court’s discretion for a Class H felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
North Dakota<\/th>\r\nTo be convicted of indecent exposure in North Dakota, a person must act with an intent to arouse, appeal to, or gratify their own lust, passions, or sexual desires while exposing their private parts. The severity of the penalty depends on the number of convictions the offender has or the location of the offense.<\/td>\r\nN.D. Cent. Code section 12.1\u201320\u201312.1<\/a><\/td>\r\nA person is guilty of indecent exposure if they do any of the following acts with the intent to arouse, appeal to, or gratify their lust, passions, or sexual desires:
    \r\n
  • Masturbating in a public place or in the presence of a minor<\/li>\r\n
  • Exposing their penis, vulva, or anus in a public place or to a minor in a public or private place<\/li>\r\n
  • Exposing their penis, vulva, or anus by unsolicited electronic means<\/li>\r\n
  • Exposing their penis, vulva, or anus to a minor by any electronic means<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Class A misdemeanor<\/li>\r\n
  • Second or subsequent conviction: Class C felony<\/li>\r\n
  • Committing indecent exposure on school property or within 50 feet of school property: Class C felony<\/li>\r\n
  • Prior conviction for indecent exposure and committing indecent exposure on school property or within 50 feet of school property: Class B felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Up to 1 year imprisonment and up to $3,000 fine for a Class A misdemeanor<\/li>\r\n
  • Up to 5 years imprisonment and up to $10,000 fine for a Class C felony<\/li>\r\n
  • Up to 10 years imprisonment and up to $20,000 fine for a Class B felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Ohio<\/th>\r\nOhio’s public indecency statute outlaws indecent exposure of a person’s private parts. Ohio has various degrees of indecent exposure depending on the offender’s criminal record or if a minor is present.<\/td>\r\nOhio Rev. Code section 2907.09<\/a><\/td>\r\nIt is illegal to recklessly do any of the following, under circumstances in which the offender’s conduct is likely to be viewed by and affront others who are in the offender’s physical proximity:
    \r\n
  • Expose one’s private parts<\/li>\r\n
  • Engage in sexual conduct or masturbation<\/li>\r\n
  • Engage in conduct that to an ordinary observer would appear to be sexual conduct or masturbation<\/li>\r\n
  • Expose one’s private parts with the purpose of personal sexual arousal or gratification or to lure a minor into sexual activity<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Misdemeanor of the fourth degree<\/li>\r\n
  • Misdemeanor of the third degree if the offender has a previous public indecency conviction<\/li>\r\n
  • Misdemeanor of the second degree if the offender has two previous public indecency convictions or if a minor is present and the offender has one previous public indecency conviction<\/li>\r\n
  • Misdemeanor of the first degree if the offender has three or more previous public indecency convictions; if a minor is present and the offender has two previous public indecency convictions; or if a minor is present and the exposure is for the purpose of personal sexual arousal or gratification or to lure the minor into sexual activity<\/li>\r\n
  • Felony of the fifth degree if a minor is present and the offender has three or more previous public indecency convictions; or if a minor is present and the exposure is for the purpose of personal sexual arousal or gratification or to lure the minor into sexual activity and the offender has a previous public indecency conviction<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Up to 30 days imprisonment and up to a $250 fine for a fourth degree misdemeanor<\/li>\r\n
  • Up to 60 days imprisonment and up to a $500 fine for a third degree misdemeanor<\/li>\r\n
  • Up to 90 days imprisonment and up to a $750 fine for a second degree misdemeanor<\/li>\r\n
  • Up to 180 days imprisonment and up to a $1,000 fine for a first degree misdemeanor<\/li>\r\n
  • 6 to 12 months and up to a $2,500 fine for a fifth degree felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Oklahoma<\/th>\r\nIn Oklahoma, the crime of indecent exposure is a serious offense. Indecent exposure is the lewd exposure of genitals in a public or private place where other people are present who might be offended or annoyed. Public urination is not considered indecent exposure unless it is done for the sexual stimulation of the viewer.<\/td>\r\nOkla. Stat. tit. 21, section 1021<\/a><\/td>\r\nIt is illegal to willfully, knowingly, and lewdly expose one’s person or genitals in any public place, or in any place where there are present other persons to be offended or annoyed.<\/td>\r\nFelony<\/td>\r\n30 days to 10 years imprisonment and a $500 to $20,000 fine<\/td>\r\n<\/tr>
Oregon<\/th>\r\nOregon has two statutes outlawing indecent exposure: Public indecency and private indecency. The public indecency law prohibits sexual acts in public, including exposing one’s genitals for sexual gratification. The private indecency law prohibits exposure of the genitals to a person who does not consent in a manner that would alarm or annoy that person.<\/td>\r\nOregon’s private indecency statute prohibits exposing one’s genitals with the intent of arousing the sexual desire of the offender or another person
    \r\n
  • in a place where another person has a reasonable expectation of privacy;<\/li>\r\n
  • the offender is in view of the other person;<\/li>\r\n
  • the exposure reasonably would be expected to alarm or annoy the other person; and<\/li>\r\n
  • the offender knows that the other person did not consent to the exposure.<\/li>\r\n<\/ul>\r\nThe public indecency statute prohibits a person from doing any of the following in, or in view of, a public place:
      \r\n
    • Sexual intercourse<\/li>\r\n
    • Oral or anal sexual intercourse<\/li>\r\n
    • Masturbation<\/li>\r\n
    • Exposing the offender’s genitals with the intent of arousing the sexual desire of the offender or another person<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Private indecency: Class A misdemeanor<\/li>\r\n
  • Public indecency: Class A misdemeanor<\/li>\r\n
  • Commit public indecency after already being convicted for public indecency or another sex offense: Class C felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Up to 1 year imprisonment and up to a $6,250 fine for Class A misdemeanor<\/li>\r\n
  • Up to 5 years imprisonment and up to a $125,000 fine for Class C felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Pennsylvania<\/th>\r\nPennsylvania’s indecent exposure law prohibits someone from exposing their genitals in public or in any place where their actions could offend someone else.<\/td>\r\n18 Pa. Cons. Stat. section 3127<\/a><\/td>\r\nIt is illegal to expose one’s genitals in a public place or any place where other people are present under circumstances in which the offender knows or should know the conduct is likely to offend, affront, or alarm.<\/td>\r\n
    \r\n
  • Misdemeanor of the second degree<\/li>\r\n
  • Indecent exposure in the presence of a minor under 16 years of age: Misdemeanor in the first degree<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Up to 2 years imprisonment and up to $5,000 fine<\/li>\r\n
  • Up to 5 years imprisonment and up to $10,000 fine for indecent exposure in the presence of a minor under 16 years of age<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Rhode Island<\/th>\r\nRhode Island’s indecent exposure law prohibits exposing one’s genitals for sexual gratification in a manner that likely will alarm or distress another person.<\/td>\r\n11 R.I. Gen. Laws section 11-45-2<\/a><\/td>\r\nIt is illegal to:
    \r\n
  • knowingly or recklessly<\/li>\r\n
  • exposes one’s genitals to the view of another<\/li>\r\n
  • for the purpose of sexual arousal, gratification, or stimulation<\/li>\r\n
  • under circumstances in which the offender’s conduct is likely to cause affront, distress, or alarm to that person<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Misdemeanor<\/li>\r\n
  • Second or subsequent conviction: Felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Up to 1 year and up to $1,000 fine<\/li>\r\n
  • Up to 3 years imprisonment and up to $1,000 fine for a second or subsequent conviction<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
South Carolina<\/th>\r\nSouth Carolina’s indecent exposure law prohibits exposing private parts in public in a willful and malicious manner.<\/td>\r\nS.C. Code Ann. section 16-15-130<\/a><\/td>\r\nIt is illegal to willfully, maliciously, and indecently expose one’s person in a public place, on property of others, or to the view of any person on a street or highway.<\/td>\r\nClass A Misdemeanor<\/td>\r\nUp to 3 years imprisonment and a fine in the court’s discretion<\/td>\r\n<\/tr>
South Dakota<\/th>\r\nSouth Dakota has four statutes that outlaw exposing genitals: Indecent exposure, indecent exposure involving a child, private indecent exposure, and public indecency.<\/td>\r\n
    \r\n
  • Indecent exposure is the exposure of one’s genitals with the intent to arouse or gratify the sexual desire of any person in a public place, or in the view of a public place, under circumstances in which the offender knows the conduct is likely to annoy, offend, or alarm another person.<\/li>\r\n
  • Indecent exposure involving a child occurs when a person eighteen years of age or older, with the intent to arouse or gratify the sexual desire of any person, intentionally exposes their genitals to a child thirteen years of age or younger.<\/li>\r\n
  • Private indecent exposure is exposing one’s genitals with the intent to arouse or gratify the sexual desire of the offender or another person in a place where another person has a reasonable expectation of privacy; the offender is in view of the other person; the exposure reasonably would be expected to annoy, offend, or alarm the other person; and the offender knows that the other person did not consent to the exposure.<\/li>\r\n
  • Public indecency is exposing one’s anus or genitals in a public place where another may be present who will be annoyed, offended, or alarmed by the offender’s act and the offender knows their conduct is likely to annoy, offend, or alarm some other person.<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Public Indecency: Class 2 misdemeanor<\/li>\r\n
  • Indecent exposure, public or private: Class 1 misdemeanor<\/li>\r\n
  • Indecent exposure in public, third or subsequent conviction: Class 6 felony<\/li>\r\n
  • Indecent exposure in public after previous conviction for rape, sexual contact with a child under 16, or child pornography: Class 6 felony<\/li>\r\n
  • Indecent exposure to a child under 13: Class 6 felony<\/li>\r\n
  • Indecent exposure to a child under 13, second or subsequent conviction: Class 5 felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Up to 30 days imprisonment and up to $500 fine for a Class 2 misdemeanor<\/li>\r\n
  • Up to 1 year imprisonment and up to $2,000 fine for a Class 1 misdemeanor<\/li>\r\n
  • Up to 2 years imprisonment and up to $4,000 fine for a Class 6 felony<\/li>\r\n
  • Up to 5 years imprisonment and up to $10,000 fine for a Class 5 felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Tennessee<\/th>\r\nTennessee’s indecent exposure statute prohibits the intentional exposure of private parts in public or private if the exposure would offend an ordinary person or is for the offender’s sexual gratification. If an adult exposes genitals, buttocks, or female breast to a child under 13 in a private residence, then the penalties are more severe.<\/td>\r\nTenn. Code Ann. section 39-13-511<\/a><\/td>\r\nThere are two types of prohibited conduct that are considered indecent exposure:
    \r\n
  • In public or another’s private residence, intentionally exposing one’s genitals or buttocks to another or engaging in sexual contact or sexual penetration while reasonably expecting the act to be viewed by another and the act will offend an ordinary viewer or is done to sexually arouse or gratify the defendant.<\/li>\r\n
  • In the offender’s residence, knowingly and intentionally for the purpose of sexual arousal or gratification exposing the genitals, butt, or female breasts or masturbating in the presence (or intended presence) of a child under the age of 13.<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Class B misdemeanor<\/li>\r\n
  • If victim is under 13: Class A misdemeanor<\/li>\r\n
  • If victim is under 13 and offender has 2 or more prior convictions for indecent exposure or public indecency or is a sexual offender or violent sexual offender: Class E felony<\/li>\r\n
  • If victim is under 13 and the offense occurs at any school, licensed day care center, or other child care facility: Class E felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Up to 6 months imprisonment and up to $500 fine for a Class B misdemeanor<\/li>\r\n
  • Up to 1 year imprisonment and up to $2,500 fine for a Class A misdemeanor<\/li>\r\n
  • 1 to 6 years imprisonment and up to $3,000 fine for a Class E felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Texas<\/th>\r\nTexas has two separate crimes prohibiting exposing genitals with the intent of sexual gratification: Indecent exposure and indecency with a child.<\/td>\r\n
    \r\n
  • Indecent exposure is exposing one’s anus or any part of the genitals with an intent to arouse or gratify the sexual desire of any person, with recklessness about whether another is present who will be offended or alarmed.<\/li>\r\n
  • 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.<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Indecent exposure: Class B misdemeanor<\/li>\r\n
  • Indecency with a child: Felony of the third degree<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Up to 180 days imprisonment and up to $2,000 fine<\/li>\r\n
  • 2 to 10 years imprisonment and up to $10,000 fine for indecency with a child<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Utah<\/th>\r\nUtah has two separate statutes that prohibit indecent exposure: Lewdness and lewdness involving a child. Both offenses are misdemeanors, but lewdness involving a child carries higher penalties.<\/td>\r\nLewdness is performing any of the following acts in a public place or under circumstances which the offender should know will likely cause affront or alarm to, on, or in the presence of another who is 14 years of age or older:
    \r\n
  • Sexual intercourse or sodomy<\/li>\r\n
  • Exposing the offender’s genitals, the female breast below the top of the areola, the buttocks, the anus, or the pubic area<\/li>\r\n
  • Masturbation<\/li>\r\n
  • Any other act of lewdness<\/li>\r\n<\/ul>\r\nLewdness involving a child is intentionally and knowingly doing any of the following in the presence of a child younger than 14:
      \r\n
    • Sexual intercourse or sodomy<\/li>\r\n
    • Exposing the offender’s genitals, the female breast below the top of the areola, the buttocks, the anus, or the pubic area in a public place or in a private place under circumstances the person should know will likely cause affront or alarm or with the intent to arouse or gratify the sexual desire of the actor or the child<\/li>\r\n
    • Masturbation<\/li>\r\n
    • Any other act of lewdness<\/b><\/li>\r\n
    • Causing a child under the age of 14 years to expose his or her genitals, anus, or breast, if female, to the actor, with the intent to arouse or gratify the sexual desire of the actor or the child<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Lewdness: Class B misdemeanor<\/li>\r\n
  • Lewdness involving a child: Class A misdemeanor<\/li>\r\n
  • Lewdness, if the person committing the offense is a sex offender or has two prior convictions for lewdness: Third degree felony<\/li>\r\n
  • Lewdness involving a child, if the person committing the offense is a sex offender or has a prior conviction for lewdness involving a child: Third degree felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Up to 6 months imprisonment and up to $1,000 fine for a Class B misdemeanor<\/li>\r\n
  • Up to 1 year imprisonment and up to $2,500 fine for a Class A misdemeanor<\/li>\r\n
  • Up to 5 years imprisonment and up to $5,000 fine for a third degree felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Vermont<\/th>\r\nVermont has statutes that describe the penalties for open lewdness and open lewd and lascivious conduct, but the statutes do no define lewd or lascivious conduct. However, Vermont courts have held that these crimes must include a sexual motivation and exposure. Vermont also has a statute outlawing lewd and lascivious conduct with a child.<\/td>\r\nAll of the following acts are prohibited in Vermont:
    \r\n
  • Engaging in open and gross lewdness<\/li>\r\n
  • Engaging in open and gross lewdness and lascivious behavior<\/li>\r\n
  • Willfully and lewdly committing any lewd or lascivious act upon or with the body, or any part or member thereof, of a child under the age of 16 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of the offender or the child<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Open lewdness: Misdemeanor<\/li>\r\n
  • Open lewd and lascivious conduct: Felony<\/li>\r\n
  • Lewd and lascivious conduct with a child: Felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Up to 1 year imprisonment and up to $300 fine for open lewdness<\/li>\r\n
  • Up to 2 years imprisonment and up to $1,000 fine for open lewdness, second or subsequent conviction<\/li>\r\n
  • Up to 5 years imprisonment and up to a $300 fine for open lewd and lascivious conduct<\/li>\r\n
  • 2 to 15 years imprisonment and up to a $5,000 fine for lewd and lascivious conduct with a child<\/li>\r\n
  • 5 years to life imprisonment and up to a $25,000 fine for lewd and lascivious conduct with a child, second offense<\/li>\r\n
  • 10 years to life imprisonment and up to a $25,000 fine for lewd and lascivious conduct with a child, third offense<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Virginia<\/th>\r\nIn Virginia, it is illegal to make an obscene display of one’s private parts. Virginia law defines obscene<\/i> as an appeal to the prurient interest in sex. The definition makes an exception for acts with a serious literary, artistic, political, or scientific value. If an adult exposes their genitals to a child under 15, then they may be charged with felony taking indecent liberties with a child.<\/td>\r\n
    \r\n
  • Indecent exposure: Intentionally making an obscene display or exposure of one’s person or the private parts in any public place or place where others are present, or procuring another to so expose themselves<\/li>\r\n
  • Taking indecent liberties with a child: A person 18 years of age or older, who, with lascivious intent, knowingly and intentionally exposes his or her sexual or genital parts to any child under the age of 15 to whom they are not legally married or proposes that any such child expose their sexual or genital parts to the offender.<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Indecent exposure: Class 1 misdemeanor<\/li>\r\n
  • Indecent exposure, third or subsequent conviction: Class 6 felony<\/li>\r\n
  • Taking indecent liberties with a child: Class 5 felony<\/li>\r\n
  • Taking indecent liberties with a child, second or subsequent conviction: Class 4 felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Up to 1 year and up to $2,500 fine for a Class 1 misdemeanor<\/li>\r\n
  • Up to 5 years imprisonment and up to $2,500 fine for a Class 6 felony<\/li>\r\n
  • Up to 10 years imprisonment and up to $2,500 fine for a Class 5 felony<\/li>\r\n
  • Up to 10 years imprisonment and up to $100,000 fine for a Class 4 felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Washington<\/th>\r\nIn Washington, indecent exposure means making an open and obscene exposure of one’s private parts knowing that the exposure likely will cause reasonable affront or alarm.<\/td>\r\nWash. Rev. Code section 9A.88.010<\/a><\/td>\r\nIt is illegal to intentionally make any open and obscene exposure of one’s person or the person of another knowing that such conduct is likely to cause reasonable affront or alarm.<\/td>\r\n
    \r\n
  • Misdemeanor<\/li>\r\n
  • Indecent exposure to a person under the age of 14: Gross misdemeanor<\/li>\r\n
  • Indecent exposure with a prior conviction for indecent exposure or a sex offense: Class C felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Up to 90 days imprisonment and up to $1,000 fine<\/li>\r\n
  • Up to 1 year imprisonment and up to $5,000 fine if exposure is to a person under 14<\/li>\r\n
  • Up to 5 years imprisonment and up to $10,000 fine if the offender has a prior conviction for indecent exposure or a sex offense<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
West Virginia<\/th>\r\nIn West Virginia, indecent exposure is an intentional exposure of private parts under circumstances that are likely to cause affront or alarm. The penalties for indecent exposure are higher if the exposure was done for the purpose of sexual gratification.<\/td>\r\nW. Va. Code, section 61-8-9<\/a><\/td>\r\nUnder circumstances in which the offender knows the conduct is likely to cause affront or alarm, it is illegal to intentionally expose one’s sex organs or anus, or the sex organs or anus of another person, or intentionally cause such exposure by another, or engage in any overt act of sexual gratification.<\/td>\r\n
    \r\n
  • Misdemeanor<\/li>\r\n
  • Third or subsequent offense: Felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n
    \r\n
  • Up to 90 days and up to $250 fine<\/li>\r\n
  • Up to 12 months imprisonment and up to $500 fine if the exposure was done for the purpose of sexual gratification<\/li>\r\n
  • 30 days to 12 months imprisonment and up to $1,000 fine for a second conviction<\/li>\r\n
  • 1 to 5 years and up to $3,000 fine for a third or subsequent conviction<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Wisconsin<\/th>\r\nIndecent exposure is prohibited under Wisconsin’s lewd and lascivious behavior statute.<\/td>\r\nWis. Stat. statute 944.20<\/a><\/td>\r\nIn Wisconsin, either of the following acts is considered lewd and lascivious behavior:
    \r\n
  • Committing an indecent act of sexual gratification with another with knowledge that they are in the presence of others<\/li>\r\n
  • Publicly and indecently exposes genitals or pubic area<\/li>\r\n<\/ul>\r\n<\/td>\r\n
Class A misdemeanor<\/td>\r\nUp to 9 months imprisonment and up to $10,000 fine<\/td>\r\n<\/tr>
Wyoming<\/th>\r\nIndecent exposure is prohibited by Wyoming’s public indecency statute. The offender must have the intent to arouse the sexual desires of themself or another person.<\/td>\r\nIt 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.<\/td>\r\nMisdemeanor<\/td>\r\nUp to 6 months imprisonment and up to $750 fine<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/b> State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\r\n

Related Resources<\/h2>\r\n