4 Elements That Constitute Indecent Exposure: Are You Facing a Penalty?

The basis of indecent exposure is when you expose intimate parts of your body in public and it could be viewed that others have the potential to be offended by your actions.

If you commit the act of indecent exposing yourself in public you can expect the law to take action and once you are charged you would then be subjected to mandatory registration as a sex offender.

In a scenario where you are accused of this type of crime, you would want to appoint sex crime lawyers with tons of real-world experience to try and help limit the damage to your reputation and even potentially maintain your liberty.

It is important to understand what constitutes indecent exposure and here are some key points to remember.

Accidental or intended?

There is a world of difference between deliberately committing the act of exposing yourself in public and doing it accidentally.

The law has to prove that you intended to reveal your genitals to the public and you were aware that the person you exposed yourself to could be offended or angered by your display.

There have been some classic examples of a “wardrobe malfunction” and if you inadvertently reveal yourself for a brief moment that would be viewed as unintentional and would not constitute indecent exposure.

The subject of genitals

The most private part of your body is clearly the center of attention when it comes to talking about indecent exposure and you need to be clear where the law stands on this.

When it comes to indecent exposure, the law is clear in that the exposure must be your bare private parts and if you are wearing underwear this would not count as an offense.

You do not need to have actually touched your genitals in public to be accused of committing indecent exposure and penal code 314 considers the act of exposure on its own as a violation.

What about the female body?

It is also highly relevant to have an understanding of where the law stands on the exposure of a woman’s breasts in a public place.

The act of exposing your breasts in public does not qualify as indecent exposure, regardless of whether it is done for sexual gratification purposes or simply as a natural act of breastfeeding your baby.

What if no one sees you?

Exposing yourself in public will always leave you open to the risk of being accused of indecent exposure but the law says that exposure has to take place in the presence of at least one person.

Exposing yourself in public does not become indecent exposure unless it is in front of an audience of one or more people.

Although the basics of the law are fairly straightforward with regard to indecent exposure there are various interpretations and scenarios that could be difficult to prove or interpret.

It is clearly something you don’t want to risk if you want to avoid the prospect of penalties and further punishment, but at least you can rest assured that accidental indecent exposure is accounted for when the law is called into action.