Louisiana Indecent Exposure Law

Every state has laws against indecent exposure. Some have separate statutes addressing this offense, while others categorize it under other offenses. In Louisiana, there is no distinct statute regarding indecent exposure. Instead, lawmakers include it under the state’s obscenity statute.

In general, Louisiana law defines indecent exposure as intentionally exposing one’s private parts in a public place for sexual arousal or gratification. The obscenity statute delineates the specific body parts that qualify as private parts, which are explained in greater detail below. Depending on the nature of the offense, the penalties for this crime in Louisiana may include prison time, fines, and possible registration as a sex offender.

This article examines and explains Louisiana‘s indecent exposure laws, including the penalties and defenses to this crime. If you’re facing indecent exposure charges, consider contacting a Louisiana criminal defense attorney for help with your case.

How Does Louisiana Law Define Indecent Exposure?

For the prosecutor to convict someone of indecent exposure, they must demonstrate each element of the crime. It’s not enough that someone exposed a body part in public. They must expose a particular body part with the intention of arousing or offending another party.

According to the Louisiana Revised Statutes, a person commits indecent exposure in the following circumstances:

• Intentional Exposure: The defendant must intentionally commit the act, not accidentally (e.g., a wardrobe malfunction)
• Specific Body Parts: To be guilty of indecent exposure, a person must expose one of the following body parts:
  • • Genitals
    • Pubic hair
    • Anus
    • Vulva
    • Female breast below the areola
    • Nipples
• Location (“In Public View”): In the public view includes any public place, a place open to public view, or even on private property if people can see them from a public place. For example, if a person undresses in front of an uncovered window, it may constitute indecent exposure.
• Criminal Intent: The defendant must act with the “intent of arousing sexual desire” or in a manner that “appeals to the prurient interest or is patently offensive.” This is a key element that separates criminal acts from non-criminal nudity.

The prosecutor must prove each element of this offense to secure a conviction. A criminal defense lawyer will work to challenge the state’s evidence to secure an acquittal or a favorable plea bargain.

Is There a Difference Between Public Indecency and Indecent Exposure?

While similar, indecent exposure is not exactly the same as public indecency. Both crimes involve a person exposing themselves in a public setting. However, they are two separate offenses, with indecent exposure being the more serious of the two.

One of the key elements of indecent exposure is that the defendant exposes their genitals or an intimate body part. With public indecency, the state doesn’t have to prove that the offender exposed a human genital organ. The prosecutor can secure a conviction by demonstrating that the defendant engaged in a sexual act while in public.

Common examples of public indecency include the following acts:

• Engaging in sexual activity in a public place, such as the park
• Lewdly fondling another person in public
• Touching oneself in an indecent manner
• Public masturbation
• Touching another person’s private area in plain view of other people
• Engaging in sexual conduct while in a public place

This is not an exhaustive list.

What Qualifies as a Public Place?

Louisiana‘s obscenity statute applies to more locations than just strictly public places. You can be guilty of indecent exposure even if you’re inside your own home.

For purposes of indecent exposure laws, a public place includes any of the following:

• Any open location on public property
• All areas visible to the public
• Streets, parks, alleys, public restrooms, stores, and other public areas.
• Private property that is visible to the public
• Inside a house with no curtains
• Inside a fenced-in yard visible to the public

The key is whether the defendant could reasonably expect members of the public to see them. A prosecutor must still prove that the defendant engaged in indecent behavior in a public place with the intent to arouse sexual desire or offend the public to secure a conviction.

Penalties for Indecent Exposure in Louisiana

The penalties for an indecent exposure conviction depend on whether the state charges you with a misdemeanor or a felony. Most indecent exposure cases are misdemeanors, but the state can elevate the charges to a felony in specific circumstances.

For first-offense indecent exposure cases, the defendant is often charged with a misdemeanor. The charges may increase to a felony in the following situations:

• The defendant engages in indecent behavior in front of someone under the age of seventeen
• The defendant has prior convictions for indecent exposure or other sex crimes
• The offender engages in an indecent manner in a location such as a school or playground
• The defendant’s indecent exposure involves hardcore sexual conduct

There’s a substantial difference between the sanctions involved in felonies and misdemeanors. The penalties for misdemeanor indecent exposure are as follows:

• Fines of up to $1,000
• 10 days to one year in jail, with the defendant serving at least 10 days of their sentence without the benefit of parole, probation, or a suspended sentence
• Mandatory registration as a sex offender, even for a first offense

The penalties for felony indecent exposure are more severe and include:

• Fines ranging from $1,000 to $2,500
• Six months to three years in jail with or without hard labor
• Mandatory sex offender registration

The exact penalty will depend on the details of each particular case.

Enhanced Penalties for Indecent Exposure Involving a Minor

A person faces felony charges if they expose themselves to someone under 17 years of age, regardless of whether they do so intentionally or if a minor just happens to view their indecent exposure. The involvement of a minor escalates the case to a felony charge and increases the criminal penalties. According to the Louisiana Revised Statutes, the penalties for what Louisiana law refers to as “indecent behavior with juveniles” are as follows:

• If the victim is under 17, the defendant faces up to seven years in prison at hard labor and fines of up to $5,000
• If the victim is under the age of 13 and the defendant is over 17, the offender faces between two and 25 years in prison at hard labor and fines of up to $5,000, with at least two of these years without probation, parole, or a suspended sentence
• Mandatory registration as a sex offender

Additional aggravating factors often lead to more severe sentences.

What Does It Mean To Register as a Sex Offender?

When a person is guilty of a sex crime, the state of Louisiana requires them to register as a sex offender. Every state has a sex offender registry. The registry is a public database that includes detailed information about the offender and the crimes they committed.

When a person is a registered sex offender, they must update their contact information and report to a specific law enforcement agency regularly. The state also places restrictions on where the sex offender can live and work.

Common Defenses to Indecent Exposure

A Louisiana criminal defense attorney will review your case and assess the state’s evidence against you. Their job is to challenge the prosecutor and secure an acquittal or a favorable plea bargain. They do so by launching a strong defense.

Louisiana recognizes the following defenses to indecent exposure:

• Lack of Intent: Accidental or unintentional exposure
• Not in Public View: Occurred in a private place where there was a reasonable expectation of privacy
• No Lewd Intent: Didn’t mean to arouse sexual desire or offend (e.g., urinating in a secluded area out of necessity)
• Mistaken Identity / Alibi: Not the person who committed the act, and they have proof of being elsewhere at the time of the alleged offense
• False Accusation: Someone fabricated the allegation, potentially due to a dispute or ulterior motive

Disclaimer: State laws frequently change due to new legislation, higher court rulings, and other means. While FindLaw strives to provide the most current information, consult a criminal defense lawyer or conduct further legal research to verify your state laws.

Contact an Experienced Louisiana Criminal Defense Attorney

If you or a loved one is facing indecent exposure charges, it’s a good idea to contact a skilled criminal defense lawyer. A conviction for indecent exposure carries severe penalties and will stay on your criminal record. It also may require registering as a sex offender. Reach out to a local law office specializing in criminal defense to schedule your initial consultation. Many don’t charge for a first meeting.