Delaware Indecent Exposure Laws

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

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

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

What Constitutes Indecent Exposure in Delaware?

Title II of Delaware‘s Crimes and Criminal Procedure, Chapter 5 (Specific Offenses), Subchapter II (Offenses Against the Person) defines indecent exposure.

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

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 or alarm.

Most indecent exposure laws do not apply to breastfeeding. Although Delaware’s exposure statute does not specifically exempt public breastfeeding, the state does have a separate law protecting a mother’s right to breastfeed her child anywhere she has a legal right to be.

Types of Indecent Exposure Charges

The Delaware Code recognizes two types of indecent exposure:

• Indecent exposure in the second degree happens when a defendant exposes their genitals or buttocks to another person in such a way as to affront the victim or cause alarm. State law categorizes this crime as an unclassified misdemeanor.
• Indecent exposure in the first degree occurs when the alleged victim is under 16 years of age. This crime is a Class A misdemeanor and carries more severe penalties than indecent exposure in the second degree.

The related charge of lewdness is a Class B misdemeanor.

Penalties for Indecent Exposure in Delaware

Second-degree indecent exposure is an unclassified misdemeanor that is punishable by a jail term of up to 30 days and a fine of up to $575. A person convicted of this criminal charge typically does not have to register as a sex offender. However, registration may be required if they have a separate conviction for another qualifying sex crime, such as rape or sexual assault, within the past five years.

First-degree indecent exposure is a Class A misdemeanor that is punishable by a fine of up to $2,300 and up to one year in jail. A person found guilty of first-degree indecent exposure must register as a sex offender in the Delaware Sex Offender Registry.

Possible Defenses

If you’re charged with indecent exposure in Delaware, several defenses may be available depending on the circumstances of your case. A criminal defense attorney can evaluate which defenses might apply to your situation, such as:

• Lack of intent: Since Delaware law requires that the exposure be done in a way that would likely cause affront or alarm, your attorney may argue that the exposure was accidental or unintentional. A wardrobe malfunction or changing clothes in what you reasonably believed was a private area may not meet the legal definition of indecent exposure.
• Mistaken identity: In some cases, the defense may be that you were not the person who committed the alleged offense. This can involve presenting alibi evidence or questioning the reliability of witness identification.
• False accusation: Your attorney may argue that the charges stem from a false or exaggerated accusation. This can be motivated by personal conflict or misunderstanding.

Every situation is different, and some defenses may not be applicable.

Get Help With Your Indecent Exposure Case

If law enforcement arrests you for indecent exposure, consider contacting a local law office as soon as possible. If found guilty of this sexual offense, you can face severe penalties, including possible jail time.

A skilled criminal defense lawyer will review your criminal case and evaluate the strength of the state’s case. They’ll also gather evidence that can help challenge the charges or negotiate a favorable plea bargain.