In Kansas, indecent exposure is against the law and is listed under a statute prohibiting lewd and lascivious behavior. Indecent exposure in the Sunflower State consists of having sex, sodomy, or exposing one's genitals in public or exposing one's genitals in the presence of another person who is not a spouse and did not provide consent, for the purpose of arousing or gratifying the perpetrator's sexual desires.
A public space is defined as a space where a person can reasonably anticipate that their actions will be viewed by others. Therefore, even if a person is acting in a space they believe to be private, such as their office building, the space is still considered public because they can reasonably anticipate that others will be able to view him or her if he or she were engaged in sex or sodomy or decided to lewdly expose his or her genitals.
Additionally, exposing one's genitals may still be considered a crime even if it is done in private. If a person decided to expose their genitals to another person in their own home without the other person's consent and that person was not their spouse, they may still be charged with indecent exposure. The following is a quick summary of Kansas indecent exposure laws.
Kansas Indecent Exposure Laws
The following table outlines indecent exposure laws in Kansas.
||KAN. STAT. ANN. § 21-5513
|What is Prohibited?
Having sex or sodomy in public knowing or with reasonable anticipation that it would be viewed by others
Exposing one's genitals in public or in the presence of a person who is not a spouse and provided no consent, for the purpose of arousing or gratifying one's sexual desires
Indecent exposure is a Class B misdemeanor punishable by up to 6 months in prison and up to $1,000 in fines.
If indecent exposure was committed in the presence of someone under 16 years of age, it is a felony punishable by up to 13 months in prison and up to $100,000 in fines for a person with no prior criminal history. Kansas uses a grid system to determine some prison sentences. The above prison time can vary depending upon a person's prior criminal history and the number and type of prior convictions. Incitement to riot is listed on the grid as a severity level 9, person felony.
Kansas Indecent Exposure Laws: Related Resources
If you have been charged with indecent exposure and would like help, you can contact a knowledgeable Kansas sex crimes attorney. You can also read Findlaw's section on Indecent Exposure for more information on this topic.