North Carolina Indecent Exposure Laws

Almost every state has laws against indecent exposure. North Carolina is no different. Under North Carolina law, you're guilty of indecent exposure when you purposefully show your private parts in a public place. For the state to convict you, you must engage in this behavior while at least one person is present.

Definition of Indecent Exposure Under North Carolina Law

To be guilty of indecent exposure, the prosecutor must prove each element of the criminal offense. According to North Carolina Statute 14-190 Subsection 5(a), the crime of indecent exposure involves the following:

• Exposing your private parts
• In a public place
• In front of other people
• For sexual gratification or arousal

The third element requires that the state prove you exposed your intimate parts in front of other people. This does not include consenting adults. If the only other person present is your spouse or significant other, it will be difficult for the prosecutor to prove your criminal charges. But if anybody other than your partner sees your private parts, you may be guilty.

One question you may have is whether it's illegal to expose your private parts while in a private place. The short answer is that doing this isn't against the law. But if you're in a private place and intentionally expose your private parts in the hope of someone outside seeing the act, you may face indecent exposure charges.

North Carolina state law defines "private parts" to include the following body parts:

• Genitals
• Pubic area
• Anus
• Nipples

The indecent exposure laws in North Carolina dictate that you must expose yourself in a public place to be guilty of the charges. The court will determine whether you engaged in permitted activity on a case-by-case basis.

Many cases are very fact-intensive, and whether the state can prove this element depends on your situation. For example, the North Carolina courts have found that a car in a public parking lot is a public place. They have also determined that a creek embankment next to a backyard can be a "public place."

The courts outlined the public place test in State v. Pugh, a 2015 North Carolina appellate case. In this case, the court said a public place is "viewable from any location open to the view of the public at large." In other words, an otherwise private home can be a public place under the law if it is easy for the public to see.

Indecent Exposure and Minors: Enhanced Penalties

If police catch you exposing your genitals to a minor for sexual gratification, you will face enhanced penalties. Instead of the state charging you with a Class 2 misdemeanor, you'll face possible felony charges.

Exposing yourself to a minor in North Carolina is a Class H felony. You'll face prison time if the state convicts you of this offense. The judge will also order you to join the North Carolina sex offender registry.

North Carolina law treats anyone under 18 years of age as a minor.

North Carolina's Indecent Exposure Laws at a Glance

The following table highlights the main provisions of North Carolina's indecent exposure laws.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

Charged With Violating North Carolina Indecent Exposure Laws? Get Legal Help

If the state convicts you of indecent exposure, you'll face jail time, fines, and registering as a sex offender. You'll also face significant damage to your name and reputation. With so much on the line, you should contact a qualified criminal defense attorney.