Kansas Indecent Exposure Laws

Every state has laws against indecent exposure. The state of Kansas is no different. The Kansas Criminal Code identifies indecent exposure as a sex offense under the state’s lewd and lascivious behavior statute.

In general, these laws prohibit public nudity and engaging in sexual activity in a public place. Unlike most other sex crimes, indecent exposure is a misdemeanor, unless you expose yourself to someone under the age of 16. This means the penalties for this offense are not as serious as they would be for sexual abuse or rape. That doesn’t mean a conviction for lewd and lascivious behavior won’t negatively impact your life.

This article explains how the Kansas indecent exposure laws work and examines the potential penalties for this crime. If you’re facing charges for indecent exposure, you should consult a Kansas criminal defense attorney sooner rather than later.

How Does Kansas Law Define Indecent Exposure?

Some states recognize indecent exposure as a crime separate from other sex crimes. Under Kansas law, indecent exposure is only one of two crimes categorized as being lewd and lascivious behavior.

Kansas’s statute prohibiting lewd and lascivious behavior specifically makes it illegal to:

• Engage in sexual intercourse in public
• Publicly exposing one’s sex organs, or doing so in the presence of another person other than the offender’s spouse (referred to as indecent exposure)

To convict someone of public indecency, the state must also prove that the offender exposed themselves to arouse or sexually gratify themselves or a third party. Anyone who commits this act will be guilty of a Class B misdemeanor. The crime rises to a Level 9-person felony if the victim is under the age of 16.

Penalties for Indecent Exposure in Kansas

Indecent exposure is a Class B misdemeanor, carrying a penalty of up to six months in jail and fines of up to $1,000. If an offender commits this crime in the presence of someone under 16 years of age, they are guilty of a Severity Level 9-person felony. For first-time offenders, the penalty for this crime includes a prison sentence of up to 13 months and fines of up to $100,000.

A conviction for the felony offense also requires the individual to register as a sex offender in Kansas for a minimum of 15 years. These penalties can vary depending upon the offender’s prior criminal history and the number and type of prior convictions.

Possible Defenses to Kansas Indecent Exposure Laws

Defenses like actual innocence or mistaken identity apply to all criminal cases. Some defenses that often come up in indecent exposure cases include:

• Lack of intent: The prosecution must prove the exposure was done with the specific intent to arouse or gratify sexual desires. If the exposure was accidental (e.g., changing clothes in a car and being seen) or for another purpose (such as urination), the necessary intent for this specific crime is missing.
• Not a public place: A defendant could argue that the location where the act occurred does not meet the legal definition of a “public place” where one could reasonably expect to be seen by others. If the court agrees, the charges may be dismissed.
• Accidental exposure: There are situations where you may suffer a “wardrobe malfunction.” This would allow you to argue that the exposure itself was unintentional, along with a lack of intent.

An experienced criminal defense attorney is a great source of legal guidance with cases like these.

Seek Legal Advice From an Experienced Criminal Defense Attorney

If you’re facing indecent exposure charges, consider contacting a skilled defense attorney as soon as possible after your arrest. Once the state files criminal charges, the process moves quickly. Even though indecent exposure is often a misdemeanor charge, it does carry criminal penalties. You’ll want an experienced criminal defense attorney by your side throughout the proceedings. An attorney familiar with Kansas law can prove to be a powerful advocate to have in your corner.