New York Indecent Exposure Laws

If you live in New York City, the last thing you want to do is expose yourself in public. New York law criminalizes "exposure of a person" as one of several offenses "against public sensibilities." This category of offenses includes cases where a person appears in a public place and exposes the intimate parts of their body.

The State of New York also prohibits the separate crime of promoting exposure of a person. This crime occurs when someone maintains a property where people expose their naked bodies.

What Qualifies as Intimate Body Parts?

For purposes of the above offenses, the intimate parts of a female person include that portion of the breast, which is below the top of the areola. Of course, law enforcement wouldn't arrest a woman breastfeeding in a public park. However, they may arrest a dancer working at a topless bar.

In New York, indecent exposure doesn't require the person to engage in a lewd act while naked. Nudity is sufficient for indecent exposure charges. The New York Code (NY Penal Law) doesn't even require that the person be nude in public.

How is the Crime of Public Lewdness Different from Indecent Exposure?

The crime of public lewdness is another offense against public sensibilities. You may be guilty of this crime if you expose your private parts while behaving in a lewd manner. In a public lewdness case, the prosecutor must show the defendant intended for the public to see them.

Under New York state law, a police officer can arrest you and file lewdness charges against you if you expose your intimate body parts in any of the following settings:

  • In a public place
  • In a private place where members of the public can see you
  • If you are trespassing and a lawful occupant sees you

It's one thing if you engage in lewd behavior in a public restroom. It's not difficult to show that you intended for people to see you naked in a public bathroom. However, if you were acting in a lewd manner in your private premises, the state would have a hard time convicting you of a sex crime.

Overview of New York Indecent Exposure Laws

As you'll see in the chart below, there are three sections of New York's criminal laws relating to indecent exposure. This chart links the statute sections and summarizes the penalties for each criminal offense.

Code Section

Penalties

Exposure of a Person / Promoting the Exposure of a Person: These acts constitute violations and not sex crimes and are punishable by up to 15 days in prison and a fine of up to $250.

Public Lewdness: This is a Class B misdemeanor punishable by up to 3 months in prison and up to $500.

Defenses

Defenses to indecent exposure charges in New York include:

  • Breastfeeding

  • Performance in a play, exhibition, show, or entertainment

Note: State laws are subject to change through new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, consult a criminal defense attorney or conduct legal research to verify your state laws.

Get Professional Legal Help with Your Indecent Exposure Case

In New York, exposure in a public place can constitute a violation, even if you don't intend to advertise your body. Even if the penalties don't seem severe, you'll want to avoid the embarrassment of a conviction.

Consult an experienced criminal defense attorney in New York who can help you fight the charges. 

Related Resources For New York Indecent Exposure Laws

For additional information and resources related to New York identity theft laws, see the links below:

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