Alabama Indecent Exposure Charges

By FindLaw Staff | Legally reviewed by Laura Temme, Esq. | Last reviewed November 07, 2024

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Indecent exposure occurs when a person exposes their genitals to a person other than their spouse under circumstances they know will likely cause harm. A conviction can lead to fines, jail time, and registration as a sex offender.

Like other sex offenses in Alabama, indecent exposure charges can have serious consequences. However, indecent exposure is unique in its intent requirements. One of the elements a prosecutor must prove to get a guilty verdict is the alleged offender's intent to gain sexual gratification through his actions.

If the offender's conduct rises to the level of sexual misconduct or sexual abuse, or they are convicted of indecent exposure multiple times, they risk having to register as a sex offender.

This FindLaw article provides an overview of Alabama's indecent exposure statute.

Overview of Alabama's Indecent Exposure Laws

The table below outlines Alabama's criminal statute on indecent exposure. It explains the definition of indecent exposure and the potential penalties.

Code section

Code of Alabama Title 13A, Chapter 6 (Offenses Involving Danger to the Person), Article Four (Sexual Offenses)

Definition

A person commits the crime of indecent exposure if:

  • They expose their genitals
  • With intent to arouse or gratify their own sexual desire or that of any person other than their spouse
  • Under circumstances in which they know the conduct is likely to cause affront or alarm

Other state laws differentiate between indecent exposure that occurs on private premises or in a public place. However, Alabama law does not place limits on where indecent exposure takes place.

Penalties
  • Indecent exposure in Alabama is generally a Class A misdemeanor, punishable by up to one year in prison.
  • Repeat offenders: A second or third conviction is a Class C felony, punishable by 366 days or up to ten years in prison.

Related offenses

Public Lewdness

In other states, indecent exposure includes public lewdness. However, public lewdness is a separate crime in Alabama. It is a Class C misdemeanor, a lesser charge than indecent exposure.

Alabama Code § 13A-12-130 defines public lewdness as exposing one’s genitals or anus in a public place in a way that is reckless about whether another person may be present who will be offended or alarmed by the act.

A Class C misdemeanor conviction can result in up to three months in jail. However, in most cases, a judge will order a fine instead, which can be up to $500.

The main difference between indecent exposure and public lewdness in Alabama is intent. As noted above, public lewdness only requires a reckless disregard for who is present and could be offended or alarmed. Indecent exposure requires prosecutors to show the defendant intended to achieve sexual gratification.

Sex Offender Registration

One indecent exposure conviction does not require a person to register as a sex offender in Alabama. However, if they re-offend, their name and address will be made publicly available on the Alabama Sex Offender Registry.

Get Legal Advice

If you or someone close to you faces indecent exposure charges in Alabama, it’s important to talk to an Alabama criminal defense attorney right away. A lawyer well-versed in Alabama criminal law can help you:

  • Understand Alabama’s sex crime statutes
  • Protect your constitutional rights
  • Advocate for a lesser charge

Having an indecent exposure charge on your record can have serious consequences. An Alabama sex crime attorney can protect your rights and help you build the strongest defense possible.

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