Indiana Indecent Exposure Laws

Code Sections

Indiana Code, Title 35: Criminal Law & Procedure, Article 45: Offenses Against Public Health, Order, and Decency, Chapter 4: Indecent Acts and Prostitution

What is Prohibited?

Three types of indecent exposure are prohibited in Indiana:

• Public indecency - Knowingly having sex or other sexual conduct, appearing nude to sexually arouse another, or fondling your own or another's genitals in a public place. It’s also being nude (pubic area, butt, or female nipples exposed or a covered clearly erect penis) in public in order to be seen by a child under 16. It’s a Class A misdemeanor. If a person was previously convicted of this or a similar charge in another state, it's a Level 6 felony.
• Indecent exposure - When a person engages in the activities described above for public indecency, but in a place that isn't public, although with the intent to be seen by the public. This is a Class C misdemeanor.
• Public nudity - Intentionally appearing in public nude, with pubic area, posterior, or female nipples exposed or a covered clearly erect penis. Usually, public nudity is a Class C misdemeanor. However, if done with the intent to be seen by a person, it's a Class B misdemeanor. If done intentionally at a school, park, or on an Indiana Department of Natural Resources property with intent to sexually arouse anyone, it's a Class A misdemeanor. If the defendant had a previous conviction, it's increased to a Level 6 felony.

Penalties

The penalties, including possible jail time and fines, vary based on the misdemeanor class or felony level. The relevant penalties for public indecent exposure in Indiana are:

• Level 6 Felony - 6 months to 2.5 years incarceration and a fine up to $10,000
• Class A Misdemeanor - up to 1 year incarceration and a fine of up to $5,000
• Class B Misdemeanor - up to 180 days incarceration and a fine of up to a $1,000
• Class C Misdemeanor - up to 60 days incarceration and a fine of up to a $500

Note: On July 1, 2014 Indiana criminal law changed from classifying felonies as Classes A-D to Levels 1-6. Some individuals, literature, or websites may still refer to the old classification system. Contact an experienced Indiana criminal defense attorney for up to date information.