{"id":372409,"date":"2016-04-11T01:21:50","date_gmt":"2016-04-11T06:21:50","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/delaware-law\/delaware-indecent-exposure-laws.html"},"modified":"2025-11-18T13:27:48","modified_gmt":"2025-11-18T18:27:48","slug":"delaware-indecent-exposure-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/delaware-law\/delaware-indecent-exposure-laws.html","title":{"rendered":"Delaware Indecent Exposure Laws"},"content":{"rendered":"\n
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Delaware Indecent Exposure Laws<\/h1>\n\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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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
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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\n\n

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Indecent exposure<\/span> in Delaware<\/span> is a misdemeanor<\/span> sexual offense<\/span> that occurs when a person knowingly exposes<\/span> their genitals, buttocks, or breasts in a way likely to cause affront<\/span> or alarm. Delaware<\/span> recognizes two degrees: second-degree<\/span> (any victim) and first-degree<\/span> (victim under 16). Penalties include up to 30 days in jail for second-degree<\/span> and up to one year for first-degree<\/span>, with first-degree<\/span> convictions requiring sex offender<\/span> registration.<\/p>\n\n <\/div>\n\n\n\n

Every state has indecent exposure<\/span> laws that prohibit people from exposing their private parts in public. Indecent exposure<\/span> is one of many sexual offenses<\/span> recognized by Delaware<\/span> criminal law<\/span>. This specific offense<\/span> is a misdemeanor<\/span>, which carries a potential penalty of jail time and fines.<\/p>\n

This article examines and explains Delaware<\/span>‘s indecent exposure<\/span> laws, including the penalties and defenses to this crime. While Delaware<\/span> law<\/span> treats this crime as a misdemeanor<\/span><\/a>, the state can enhance the severity of the crime and its penalties in certain circumstances.<\/p>\n

If you’re facing indecent exposure<\/span> charges<\/a>, consider contacting a Delaware<\/span> criminal defense attorney<\/span><\/a>. While this crime may not seem all that serious, it is a sex offense<\/span>. Having a conviction for indecent exposure<\/span> on your criminal record will negatively impact your personal and professional lives.<\/p>\n

What Constitutes Indecent Exposure<\/span> in Delaware<\/span>?<\/h2>\n

Title II of Delaware<\/span>‘s Crimes and Criminal Procedure<\/span><\/a>, Chapter 5 (Specific Offenses<\/span>), Subchapter II<\/span> (Offenses Against the Person<\/span>) defines indecent exposure<\/span>.<\/p>\n

The state must prove beyond a reasonable doubt<\/span><\/a> that the defendant exposed their genitals, buttocks, or breasts (if female) to another person in a way that would likely cause affront<\/span> or alarm.<\/p>\n

Intent or knowledge is required for an act to be considered a crime. It is not enough that the defendant exposed themselves to another person. The state must also show that the defendant did so knowing they were likely to cause affront<\/span> or alarm<\/a>.<\/p>\n

Most indecent exposure<\/span> laws do not apply to breastfeeding<\/a>. Although Delaware<\/span>\u2019s exposure statute does not specifically exempt public breastfeeding, the state does have a separate law protecting a mother\u2019s right to breastfeed her child<\/a> anywhere she has a legal right to be.<\/p>\n

Types of Indecent Exposure<\/span> Charges<\/h2>\n

The Delaware<\/span> Code<\/span> recognizes two types of indecent exposure<\/span>:<\/p>\n