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 Indiana, indecent exposure is addressed under Indiana Code 35-45-4-1, which defines public indecency. The law states that a person who knowingly or intentionally engages in sexual intercourse, other sexual conduct (as defined in IC 35-31.5-2-221.5), or a lewd act where it can be seen by others who are not participants and who would be offended or alarmed, commits public indecency, a Class A misdemeanor. This can include the exposure of genitals, anus, buttocks, or female breasts. If the person has a prior unrelated judgment or conviction for a sex offense, the offense is elevated to a Level 6 felony. The intent behind the exposure, such as to attract attention, sexually gratify oneself or another, or to offend, can be a factor in the prosecution and severity of the offense. It is important to note that local ordinances may also have additional regulations regarding indecent exposure.