Arkansas Indecent Exposure Laws

Regardless of where you live, it’s illegal to expose yourself in a public place. State laws include a criminal charge for knowingly exposing yourself or engaging in sexual conduct in public. In Arkansas, law enforcement can arrest you for indecent exposure or sexual indecency.

While indecent exposure is one of the less serious sex crimes, the penalties can still be severe. A conviction for indecent exposure may result in possible jail time and hefty fines, and could require you to register as a sex offender.

In this article, we’ll explain the definition of indecent exposure under Arkansas state law. We’ll also review the penalties and potential defenses to this criminal offense.

If you’re facing indecent exposure charges or any other criminal charge, consider contacting an Arkansas criminal defense attorney sooner rather than later. A knowledgeable expert in Arkansas state law can help you protect your rights and construct the strongest possible defense.

How Does Arkansas Law Define Indecent Exposure?

According to Arkansas law, a person is guilty of indecent exposure when they exhibit their private parts in certain settings and with a specific intent. The Arkansas criminal code outlines the elements of this sexual offense.

According to the Arkansas Criminal Code, indecent exposure occurs if someone exposes their sex organs in the following manner:

• In either a public place/public view or under circumstances in which the person knows the conduct is likely to cause affront or alarm
• With the intent to arouse or gratify their own sexual desire or the sexual desire of another

The full text of the statute is available at Arkansas Code Title 5 (Criminal Offenses) Subtitle 2 (Offenses Against the Person) Chapter 14 (Sexual Offenses) Subchapter 1. The state also has a related criminal charge for public sexual indecency, which involves engaging in sexual activity or sexual intercourse in a public place or in public view.

Arkansas law does not prohibit a woman from breastfeeding in public. It is not considered indecent exposure, regardless of whether other people are around.

Penalties for Indecent Exposure in the State of Arkansas

In Arkansas, indecent exposure is a misdemeanor charge for most occurrences. However, the state can charge the offender with a felony in certain situations. The specific charge and penalty depend on factors such as:

• Whether the defendant has prior convictions for indecent exposure
• Whether the defendant has prior convictions for other sexual offenses
• Who witnessed the exposure (penalties often increase if it occurred in the presence of a child under 15 years of age)

Most violations of Arkansas indecent exposure laws are a Class A misdemeanor. A Class A misdemeanor is punishable by up to one year in jail and a fine of up to $2,500.

A fourth or fifth conviction for indecent exposure within ten years of a previous conviction elevates the penalty to a Class D felony. A Class D felony carries a punishment of up to six years in state prison and a fine of up to $10,000.

A sixth conviction or subsequent conviction within ten years of a previous conviction becomes a Class C felony. A Class C felony is punishable by a minimum of three years but not more than ten years in prison, a fine of up to $10,000, or both.

Defenses to Indecent Exposure

A strong defense to an indecent exposure charge often involves challenging one of the key elements of the crime. An experienced defense attorney may argue one or more of the following defenses:

• Lack of intent: The prosecutor must prove beyond a reasonable doubt that you exposed yourself with the specific intent to arouse or gratify a sexual desire. Your attorney could argue the exposure was accidental (e.g., a wardrobe malfunction), a result of necessity (e.g., urinating in a secluded area), or for a non-sexual reason. If the sexual intent is missing, the act does not meet the legal definition of indecent exposure.
• Not in a public place or view: The law requires the act to occur in a public place, in public view, or in a situation likely to cause alarm. A valid defense is that you were in a private location where you had a reasonable expectation of privacy, such as your own home with the blinds closed or a fenced backyard. If you reasonably believed you were in private, you may not be guilty of the crime.
• Mistaken identity: The person who reported the incident may have misidentified you as the perpetrator. This can happen if the lighting was poor, the encounter was brief, or the witness’s memory is unreliable. Your attorney can challenge the witness’s identification to create reasonable doubt.

An Experienced Criminal Defense Lawyer Can Help

If you’re facing indecent exposure charges, consider seeking legal advice as soon as possible after your arrest. The criminal justice process moves quickly, and a great deal is at stake. An experienced criminal defense attorney knows how to find weaknesses in the state’s case and, if necessary, can negotiate a plea bargain.

Contact a local criminal defense attorney today to schedule a case evaluation. While indecent exposure is often a misdemeanor charge, the penalties can have a lasting impact on your life.