Laws regarding indecent exposure vary greatly from state to state. Generally these laws outlaw engaging in lewd or obscene behavior in public. Nebraska's indecent exposure law, referred to as "public indecency," makes it a crime to engage in intercourse, expose your genitals, or fondle another person in public. The chart below outlines Nebraska's indecent exposure law.
|Nebraska Revised Statute section 28-806: Public Indecency
|A person 18 years old or older performing, procuring, or assisting any other person to perform, any of the following acts in a public place where the conduct may reasonably be expected to be viewed by the public:
- An act of sexual penetration
- Exposing the genitals (with the intent to affront or alarm any person), or
- A lewd fondling or caressing of another person's body
|Class II misdemeanor, punishable by imprisonment for up to six months, and/or a fine of up to $1,000.
|Possible Defense to Public Indecency Charge
First Amendment protection of an artistic performance or expression with a non-obscene intent or value.
Breastfeeding in Public
Under Nebraska's public indecency law, is it a crime for women to expose their breasts in public while breastfeeding? To address this question lawmakers passed a law that specifically authorizes women to breastfeed in public. Nebraska Revised Statute section 20-170 states, "Notwithstanding any other provision of law, a mother may breast-feed her child in any public or private location where the mother is otherwise authorized to be."
In addition to Nebraska's state wide public indecency law, there are also city ordinances that citizens must abide by. These local ordinances criminalize certain indecent acts, such as public urination and public nudity. For example, check out some of Lincoln's offenses against public decency.
State laws change frequently. For case specific information about Nebraska's indecent exposure laws contact a local criminal defense attorney or sex crime lawyer.