Indecent . Indecent exposure is a felony if an adult commits the offense in the presence of a person under 16 or the purpose of arousing or gratifying sexual desire. In West Virginia, indecent exposure is an intentional exposure of private parts under circumstances that are likely to cause affront or alarm. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Both require the exposure of private parts in a manner that would cause affront or alarm. If the victim is 18 or older, it is second degree indecent exposure. Direct all comments concerning legislation to State Legislators. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Indecent exposure is a crime of the fourth degree if the offender exposes their intimate parts for the purpose of arousing or gratifying the sexual desire of themself or another person under circumstances where the offender knows or reasonably expects to be observed by a child who is less than 13 years of age or a person with a mental disability. The exposure of genitals or pubes to someone other than a spouse; 2. The statute that prohibits indecent exposure also prohibits sexual acts, masturbation in public, and an indecent sexual proposal to a minor. Maine has two separate statutes prohibiting the exposure of genitals: Indecent conduct and visual sexual aggression against a child. A statute's purpose, in Justice Breyer's view, is simply the purpose that we can best attribute to a reasonable legislator who supported the law. Date: 5/2/19 #1 . A person who exposes the persons genitals or pubes to another not the persons spouse, or who commits a sex act in the presence of or view of a third person, commits a serious misdemeanor, if: 1. Both prohibit intentionally exposing genitals to public view. Criminal History Child Abuse A person who exposes the person's genitals or pubic area to another not the person's spouse, or who commits a sex act in the presence of or view of a third person, commits a serious misdemeanor if all of the following apply: a. Indecent exposure in the second degree is exposing any of the following body parts under circumstances one knows will likely cause affront or alarm to another: The District of Columbia prohibits the indecent exposure of private parts in a public place. Indecent-exposure conviction required physical presence, Iowa Supreme Court rules by Rox Laird | February 6, 2018 The Iowa Legislature did not make clear that the crime of indecent exposure could be committed by sending a text message, the Iowa Supreme Court said in a Feb. 2 decision. Before you go streaking at a pro sports game or urinate in public, you should realize that you may be setting yourself up for serious consequences. The Court explained that the word 'exposes' is not defined in the statute. the offender knows that the other person did not consent to the exposure. Taking indecent liberties with a child: Class 5 felony, Taking indecent liberties with a child, second or subsequent conviction: Class 4 felony, Up to 1 year and up to $2,500 fine for a Class 1 misdemeanor, Up to 5 years imprisonment and up to $2,500 fine for a Class 6 felony, Up to 10 years imprisonment and up to $2,500 fine for a Class 5 felony, Up to 10 years imprisonment and up to $100,000 fine for a Class 4 felony, Indecent exposure to a person under the age of 14: Gross misdemeanor, Indecent exposure with a prior conviction for indecent exposure or a sex offense: Class C felony, Up to 90 days imprisonment and up to $1,000 fine, Up to 1 year imprisonment and up to $5,000 fine if exposure is to a person under 14, Up to 5 years imprisonment and up to $10,000 fine if the offender has a prior conviction for indecent exposure or a sex offense, Up to 12 months imprisonment and up to $500 fine if the exposure was done for the purpose of sexual gratification, 30 days to 12 months imprisonment and up to $1,000 fine for a second conviction, 1 to 5 years and up to $3,000 fine for a third or subsequent conviction, Committing an indecent act of sexual gratification with another with knowledge that they are in the presence of others, Publicly and indecently exposes genitals or pubic area, Complex criminal defense situations usually require a lawyer, Defense attorneys can help protect your rights, A lawyer can seek to reduce or eliminate criminal penalties. South Carolina's indecent exposure law prohibits exposing private parts in public in a willful and malicious manner. Misdemeanor indecent exposure or lewdness is fornicating, exposing one's genitals, or performing any other act of gross lewdness under circumstances which the offender should know will likely cause affront or alarm. Get registered Sex Offenders Registry in 3221 Se 22nd St,apt 207, Des Moines, IA 50320 on Offender Radar which is a free search database. Indecent exposure, third or subsequent conviction: Class C felony, Up to 3 months in jail and up to a $500 fine for public lewdness, Up to 1 year in jail and up to a $6,000 fine for indecent exposure, 1 year and 1 day to 10 years imprisonment and up to a $15,00 fine for a third or subsequent indecent exposure conviction, with reckless disregard for the offensive, insulting, or frightening effect the act may have, or after having a previous indecent exposure conviction, Indecent exposure in the second degree: Class B misdemeanor, Indecent exposure in the second degree in the presence of a person younger than 16: Class A misdemeanor, Indecent exposure in the first degree: Class C felony, Indecent exposure in the first degree in the presence of a person younger than 16: Class B felony, Up to 90 days imprisonment and up to a $2,000 fine for a Class B misdemeanor, Up to 1 year imprisonment and up to a $25,000 fine for a Class A misdemeanor, Up to 5 years imprisonment and up to a $50,000 fine for a Class C felony, Up to 10 years imprisonment and up to a $100,000 fine for a Class B felony, exposes one's genitals or anus or for a woman to expose the areola or nipple of her breast or breasts, with reckless disregard about whether the other person would be offended or alarmed by the act, Third or subsequent conviction: Class 6 felony, One or more prior convictions for sexual assault: Class 6 felony, Indecent exposure to a person younger than fifteen: Class 6 felony, Two or more prior felony convictions for indecent exposure: Class 3 felony, Up to 6 months imprisonment, up to a $2,500 fine, Up to 2 years imprisonment and up to a $150,000 fine for a Class 6 felony, 6 to 15 years imprisonment and up to a $150,000 fine for a Class 3 felony, with the purpose to arouse or gratify a sexual desire of oneself or another person, or under circumstances in which the person knows the conduct is likely to cause affront or alarm, Fourth or fifth conviction: Class D felony, Sixth or subsequent conviction: Class C felony, Up to 1 year imprisonment, up to a $2,500 fine, Up to 6 years imprisonment and up to a $10,000 fine for a fourth or fifth conviction, 3 to 10 years and up to a $10,000 fine for a sixth or subsequent conviction, or in any place where there are present other persons to be offended or annoyed, Committing indecent exposure after entering another's home or an inhabited building without consent: Felony, Up to 6 months imprisonment, up to a $1,000 fine, Up to 3 years imprisonment, up to a $10,000 fine for a felony, A lewd exposure of the perineum, the anus, the buttocks, the pubes, or the breast of any person with the intent to arouse or to satisfy the sexual desire of any person, A lewd fondling or caress of another person's body, A knowing exposure of the person's genitals to the view of a person under circumstances in which such conduct is likely to cause affront or alarm to the other person, Knowingly exposing one's genitals to any person with the intent to arouse or to satisfy the sexual desire of any person, Knowingly masturbating in a manner that exposes the act to the view of any person, Public indecency, second or subsequent conviction: Class 1 misdemeanor, Indecent exposure, third or subsequent conviction: Class 6 felony, Up to 6 months in jail and up to a $500 fine for a Class 1 petty offense, Up to 1.5 years in jail and up to a $500 fine for a Class 1 misdemeanor, 1 to 1.5 years imprisonment and up to a $1,000 fine for a Class 6 felony, A lewd exposure of the body with intent to arouse or to satisfy the sexual desire of the person. Montana's indecent exposure law requires that the offender act with the intent to harass another person or to sexually gratify themself or another person. Find many great new & used options and get the best deals for Zero exposure all terrain pants sixe 34x30 at the best online prices at eBay! Criminal Defense Meeting with a lawyer can help you understand your options and how to best protect your rights. In the offender's residence, knowingly and intentionally for the purpose of sexual arousal or gratification exposing the genitals, butt, or female breasts or masturbating in the presence (or intended presence) of a child under the age of 13. Indecent exposure is a crime of the fourth degree if the offender exposes their intimate parts for the purpose of arousing or gratifying the sexual desire of themself or another person under circumstances where the offender knows or reasonably expects to be observed by a child who is less than 13 years of age or a person with a mental disability. %PDF-1.7 See: State v. Lopez, 907 N.W.2d 112 (Iowa 2018). A serious misdemeanor may be punished by up to one year in prison and a fine from $315 to $1,875. Exposure is indecent under the law whenever a reasonable person would or should know that his act may be seen by others--for example, in a public place or through an open window--and that it is likely to cause affront or alarm. Although most people associate indecent exposure laws with public nudity, these laws can also be broken in the privacy of someone's home. He is the author of No Litmus Test: Law Versus Politics in the Twenty-First Century and he blogs at michaeldorf.org. jhf, 2001 Cornell College and FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. The person does so to arouse or satisfy the sexual desires of either party; and. Although it is a less serious charge than public indecency, it can still have major ramifications. If you need an attorney, find one right now. This information does not infer or imply guilt of any actions or activity other than their arrest. Unlike public indecency, indecent exposure requires exposure of the genitals and an intent to arouse or satisfy the sexual desire of any person. Private indecent exposure is exposing one's genitals with the intent to arouse or gratify the sexual desire of the offender or another person in a place where another person has a reasonable expectation of privacy; the offender is in view of the other person; the exposure reasonably would be expected to annoy, offend, or alarm the other person; and the offender knows that the other person did not consent to the exposure. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. Concealed Carry Public indecency is exposing one's anus or genitals in a public place where another may be present who will be annoyed, offended, or alarmed by the offender's act and the offender knows their conduct is likely to annoy, offend, or alarm some other person. Yet that history is instructive. Nonetheless, legislation is purposive activity, and so, Breyer and others say, judges should strive to give effect to the purpose at which the law aims. Section 709.9 - Indecent exposure. Iowa is not an exception. The first involves committing an indecent act in a public place in the presence of one or more persons, or any place with the intent to offend or assault another person. % 102 reviews A blazing satire of South African apartheid, Indecent Exposure is Tom Sharpe's brilliant follow-up to his Riotous Assembly. Empirical research shows that the Court's statutory decisions in recent years rely on legislative history less frequently than they did a generation ago. In Arizona, it is considered indecent exposure when a person intentionally exposes their genitals, anus, or breasts (if female) in the presence of another person with recklessness about whether the other person would be offended. person, commits a serious misdemeanor, if: 1. Waverly police arrested 37-year-old Anthony Dean Knudsen for misdemeanor indecent exposure after bystanders prevented him from fleeing the store. 30 days to 10 years imprisonment and a $500 to $20,000 fine. These two crimes are public indecency and indecent exposure. Complex criminal defense situations usually require a lawyer, Defense attorneys can help protect your rights, A lawyer can seek to reduce or eliminate criminal penalties. That suggestion accepted for purposes of argument the majority's theory that to violate Section 709.9, the defendant must seek sexual arousal or gratification from the fact that he has exposed himself to the person who actually observes him. Being charged with this crime requires mandatory registration as a sex offender. Hopkinsville, Kentucky Indecent Exposure Criminal Defense Lawyers MoreLaw's Best Lawyers! There are two indecent exposure offenses in New York that could result in imprisonment: Public lewdness and public lewdness in the first degree. Furthermore, textualists note, statutes often serve multiple, conflicting purposes. To make things even worse, if the viewer of this breakfast surprise is someone other than the nudist's spouse, this attention can quickly lead to a handful of crimes. Indecency with a child: Felony of the third degree, Up to 180 days imprisonment and up to $2,000 fine, 2 to 10 years imprisonment and up to $10,000 fine for indecency with a child, Exposing the offender's genitals, the female breast below the top of the areola, the buttocks, the anus, or the pubic area, Exposing the offender's genitals, the female breast below the top of the areola, the buttocks, the anus, or the pubic area in a public place or in a private place under circumstances the person should know will likely cause affront or alarm or with the intent to arouse or gratify the sexual desire of the actor or the child, Causing a child under the age of 14 years to expose his or her genitals, anus, or breast, if female, to the actor, with the intent to arouse or gratify the sexual desire of the actor or the child, Lewdness involving a child: Class A misdemeanor, Lewdness, if the person committing the offense is a sex offender or has two prior convictions for lewdness: Third degree felony, Lewdness involving a child, if the person committing the offense is a sex offender or has a prior conviction for lewdness involving a child: Third degree felony, Up to 6 months imprisonment and up to $1,000 fine for a Class B misdemeanor, Up to 5 years imprisonment and up to $5,000 fine for a third degree felony, Engaging in open and gross lewdness and lascivious behavior, Willfully and lewdly committing any lewd or lascivious act upon or with the body, or any part or member thereof, of a child under the age of 16 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of the offender or the child, Lewd and lascivious conduct with a child: Felony, Up to 1 year imprisonment and up to $300 fine for open lewdness, Up to 2 years imprisonment and up to $1,000 fine for open lewdness, second or subsequent conviction, Up to 5 years imprisonment and up to a $300 fine for open lewd and lascivious conduct, 2 to 15 years imprisonment and up to a $5,000 fine for lewd and lascivious conduct with a child, 5 years to life imprisonment and up to a $25,000 fine for lewd and lascivious conduct with a child, second offense, 10 years to life imprisonment and up to a $25,000 fine for lewd and lascivious conduct with a child, third offense, Indecent exposure: Intentionally making an obscene display or exposure of one's person or the private parts in any public place or place where others are present, or procuring another to so expose themselves. 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