Delaware Indecent Exposure Laws

Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016

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Each state has its own indecent exposure laws that generally prohibit exposing your genitals in public. In Delaware, the crime of indecent exposure is divided into first-degree indecent exposure and second-degree indecent exposure. The key difference between these two crimes is whether the victim is older or younger than 16 years old. The two charts below outline Delaware's indecent exposure laws.

Code Section

Delaware Code section 765: Indecent Exposure in the First Degree

What's Prohibited?

A man commits first-degree indecent exposure if he exposes his genitals or buttocks to a person who is less than 16 years under circumstances in which he knows his conduct is likely to cause affront or alarm.

A woman commits first-degree indecent exposure if she exposes her genitals, breasts, or buttocks to a person who is less than 16 years old under circumstances in which she knows her conduct is likely to cause affront or alarm.

Penalties

 First-degree indecent exposure is a class A misdemeanor that is punishable by a fine of up to $2,300, and/or imprisonment for up to one year.

Code Section

Delaware Code section 764: Indecent Exposure in the Second Degree

What's Prohibited?

A man commits second-degree indecent exposure if he exposes his genitals or buttocks under circumstances in which he knows his conduct is likely to cause affront or alarm to another person.

A woman commits second-degree indecent exposure if she exposes her genitals, breast, or buttocks under circumstances in which she knows her conduct is likely to cause affront or alarm to another person.

Penalties

 Second-degree indecent exposure is an unclassified misdemeanor that is generally punishable by a fine of up to $575, and/or up to 30 days in jail.

Sex Offenders

In Delaware, all sex offenders must register with the Delaware Sex Offender Registry. Any person who has been convicted of first-degree indecent exposure qualifies as a sex offender. Additionally, any person convicted of second-degree indecent exposure who has also been convicted of a qualifying sex crime within the past five years must also register in Delaware as a sex offender. For more information about the sex offender registry and who is required to register see Delaware Code subchapter III. Sex Offender Management and Public Safety.

Additional Resources

State laws change frequently. For case specific information regarding Delaware's indecent exposure laws contact a local criminal defense attorney.

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