Penalties for Indecent Exposure
In most states, indecent exposure is classified as a misdemeanor offense on the first conviction. Subsequent convictions may be charged as felonies. Typical criminal penalties include:
- Jail time: Jail sentences for misdemeanor indecent exposure range from 30 days to one year. Felony indecent exposure may carry state prison time of one year or more. Jail time may be harsher if the offense occurs near a school or involves exposure to a minor.
- Fines: Fines for a first indecent exposure conviction often start at $1,000 or more. Repeat offenses carry steeper fines, sometimes up to $10,000. Courts consider the defendant’s ability to pay.
- Probation: Many first-time offenders receive probation rather than jail time. Probation may require counseling, treatment, community service, or avoiding places like schools and parks. Violating probation can lead to jail time.
- Sex offender registration: Most states require people convicted of indecent exposure to register as sex offenders. Registration periods range from 10 years to life depending on the state and number of convictions. Registration requires providing personal information to law enforcement and often limits where offenders can live and work.
- Treatment programs: Indecent exposure convictions may require completing a treatment program for sex offenders or people convicted of lewd conduct. Programs focus on behavior modification over months or years.
- Restitution: If the victim faced expenses like counseling due to the crime, courts may order the defendant to pay restitution covering those costs.
Several circumstances can enhance, or increase, the standard penalties for indecent exposure:
- Prior convictions: Most states impose harsher sentences for repeat indecent exposure offenses. A second conviction that would normally be a misdemeanor may be charged as a felony.
- Exposure to children: Indecent exposure involving anyone underage automatically leads to felony charges in some states. Penalties are enhanced to protect children.
- Violating parole/probation: If indecent exposure occurs while on probation or parole, penalties for violating release conditions will be added to new charges.
- Public transit: Some states impose steeper penalties for indecent exposure on public transportation, with the goal of preventing recurrences.
- Hate crime: If indecent exposure targets a victim based on protected characteristics like race, religion, or sexual orientation, additional hate crime penalties may apply.
- Multiple counts: A single act of exposure can yield multiple charges if multiple people witness it. Each count may carry separate penalties.
- Alcohol/drugs: Being under the influence while committing indecent exposure can mean enhanced penalties in some states.
Indecent exposure on federal park lands, military bases, Native American reservations, and other federal property is prosecuted under federal indecent exposure laws. Penalties include:
- Up to 6 months in prison and/or a fine on federal misdemeanor conviction
- 1+ years in federal prison for felony conviction
- Sex offender registration for foreign travel and immigration
Federal indecent exposure near a school, playground, or other place where children gather is a felony with enhanced penalties.
Indecent exposure can also lead to civil penalties such as:
- Restraining orders: Victims can obtain court orders requiring offenders to stay away from them. Violating a restraining order can lead to civil or criminal contempt charges.
- Civil lawsuits: Victims can sue offenders for damages like emotional distress. While rare for indecent exposure, civil suits are more common when a minor is victimized.
- Employment discipline: Indecent exposure conviction may prompt disciplinary action by an employer, from a reprimand up to termination. Some professions revoke licenses.
- Housing: Renters can be evicted after an indecent exposure conviction, especially if it violates the terms of a lease. Homeowners associations may act against members.
- Immigration: Non-citizens convicted of indecent exposure may face removal from the United States or be barred from re-entering the country.
Several legal defenses may apply in indecent exposure cases:
- No exposure: The defendant may claim no exposure occurred. Without proof of exposure, there is no crime.
- No lewd intent: Most states require lewd intent for conviction. A defendant may argue there was no intent to arouse or offend.
- No public place: The location may have been private with no expectation of other people being present.
- No one present: If no one witnessed the exposure, there may be no victim to be offended or annoyed.
- False accusation: Defendants sometimes claim the alleged victim fabricated the indecent exposure.
- Mistaken identity: Where identity is disputed, the defendant may argue police arrested the wrong person.
- Mental illness: Mental incapacity could negate lewd intent or other elements of the crime. However, defendants found mentally incompetent to stand trial may still be committed to a mental institution.
Many indecent exposure cases end in plea bargains rather than trials. Common outcomes include:
- Pleading guilty to a reduced charge like disorderly conduct
- Pleading guilty in return for a lighter sentence recommendation
- Agreeing to probation and treatment instead of jail time
Defendants should consult an attorney before accepting any plea deal. The consequences of pleading guilty remain long after the sentence is complete.