Utah Indecent Exposure Laws

Times have changed, but not enough to ignore lewd behavior. Like many other states, Utah law categorizes most indecent exposure cases as misdemeanors. However, it can be charged as a felony in some circumstances. A first-time offense of lewdness involving a minor under the age of 14 is a Class A misdemeanor. However, a conviction can be enhanced to a felony if the defendant has a prior conviction for a similar crime.

In this article, we’ll explain Utah‘s lewdness laws, including acts that can lead to a lewdness charge. We will also discuss the penalties and defenses to these sex crimes.

If you’re facing prosecution for indecent exposure or any other criminal charges, it’s a good idea to seek legal advice. Having a criminal defense attorney can help avoid a conviction on your criminal record. It can also help you avoid possible jail time, fines, and other criminal penalties.

What’s Prohibited?

Utah’s Criminal Code outlines what constitutes lewdness. Under this law, exposure or sexual acts are illegal if they occur in a public place. A person can also face charges for an act of lewdness in a private place if both of the following apply:

• Another person is likely to be present and view their actions
• The circumstances are likely to cause offense or alarm

Some of the actions that can give rise to a lewdness charge include:

• A public act of sexual intercourse or sodomy
• Public masturbation
• Exposing your genitals, buttocks, anus, pubic area, or female breast below the top of the areola.

Lewdness does not include rape, sexual assault, or sexual abuse. These are more serious sex crimes and carry much more severe penalties than lewdness or indecent exposure.

The statutes exempt breastfeeding. A woman does not commit a lewd act if she breastfeeds her child in a public place, regardless of whether she covers the breast area.

Public Urination

Under a related charge, Utah‘s criminal code states that it is illegal to urinate or defecate in a public place under circumstances that the offender knows, or should know, will cause alarm or offense to another person.

In some cases, the police may arrest a person for public urination. This is a Class C misdemeanor, which has a potential penalty of up to 90 days in jail and a fine of up to $750.

Penalties

For a first or second lewdness offense, offenders face a Class B misdemeanor, carrying a penalty of up to six months in jail and fines of up to $1,000. If the defendant is over 18 years of age and the victim is a child, the crime is classified as a Class A misdemeanor, carrying a fine of up to $2,500 and up to one year in jail.

A conviction for lewdness can also be a third-degree felony if:

• The offender is already a registered sex offender
• Has two or more prior convictions for lewdness
• Has a previous conviction of lewdness involving a child

A third-degree felony is punishable by up to five years in prison and a fine of up to $5,000.

Some states require people guilty of indecent exposure to register as sex offenders. Under Utah law, only those offenders guilty of lewdness involving a child must register as a sex offender. The Utah Code of Criminal Procedure outlines which crimes are registerable offenses.

Defenses

Defenses to a lewdness charge often focus on undermining one of the key elements that the prosecution must prove beyond a reasonable doubt. Common defenses might include:

• Lack of intent: This explains that the exposure was not intentional. For example, a “wardrobe malfunction” or a towel accidentally slipping at a pool is not a criminal act because the person did not intend to expose themselves.
• No likelihood of causing offense or alarm: The law requires that the act occur under circumstances where the person should know their conduct is likely to cause offense or alarm. A defendant could argue that the context of their actions, such as changing clothes in a secluded part of a park while believing they were alone, made it unforeseeable that someone would see them and be alarmed.
• Reasonable expectation of privacy: This can apply when the act did not occur in either a public place or a private place where observation was likely. For instance, being in your own home with the blinds drawn, in a locked public restroom stall, or in a private fitting room gives you a reasonable expectation of privacy. If someone saw you under those circumstances, it probably wouldn’t meet the legal definition of lewdness.
• False allegation or mistaken identity: A defense attorney may argue that the accuser has a motive to lie (e.g., a disgruntled neighbor or ex-partner) or that the witness, who may have only gotten a brief glimpse of the perpetrator, has misidentified the defendant.

The burden of proof is on the prosecutor. Raising any sort of reasonable doubt can mean seeing the charges against you dismissed. 

Contact a Utah Criminal Defense Lawyer Sooner Rather Than Later

Even though indecent exposure is a misdemeanor in Utah, the crime still carries severe penalties. If you’re facing indecent exposure or lewdness charges, consider reaching out to a local criminal defense attorney as soon as possible. You’ll need to attend your initial court appearance soon after your arrest, and it’s advisable to have an attorney by your side.

A skilled criminal defense lawyer can examine the strength of the charges against you, help you avoid a conviction, or negotiate a favorable plea bargain. Having legal guidance can help keep a lewdness charge from hounding you for the rest of your life.