A person commits the crime of indecent exposure by exposing the person’s body or private parts (usually genitals, anus, buttocks, or female breasts) in a public place and in the presence of another person who might be offended, alarmed, or annoyed. Laws vary from state to state—including definitions of exposed body parts—and some states require the exposure to have been made with the intent to attract attention or to sexually gratify the person making the indecent exposure, or to sexually gratify another person, or to offend another person.
Indecent exposure laws are generally located in a state’s statutes—often in the penal or criminal code.
In Illinois, indecent exposure is addressed under the Illinois Criminal Code of 2012, specifically in 720 ILCS 5/11-30. A person commits public indecency, often referred to as indecent exposure, by performing any of the following acts in a public place: an act of sexual penetration or sexual conduct, or a lewd exposure of the body with the intent to arouse or to satisfy the sexual desire of the person. Breast-feeding of infants is not considered an act of public indecency. Indecent exposure in Illinois is classified as a Class A misdemeanor for a first offense, which can result in a fine and/or imprisonment. Subsequent offenses can be elevated to a Class 4 felony. The law requires that the act must be done with the intent to arouse or satisfy a sexual desire, which means that accidental exposure or exposure without this specific intent does not typically qualify as indecent exposure under Illinois law.