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 North Carolina, indecent exposure is governed by General Statutes § 14-190.9. The law defines indecent exposure as willfully exposing the private parts of one's body in a public place in the presence of one or more other persons. It is important to note that for the purposes of this statute, 'private parts' typically refer to the genital area. The law makes exceptions for breastfeeding, which is not considered indecent exposure. Indecent exposure is classified as a Class 2 misdemeanor in most cases. However, if the person is over the age of 18 and exposes themselves to a person who is under the age of 16, or if the person is a repeat offender, it is considered a Class H felony. The intent behind the exposure, such as to arouse or gratify sexual desire, can be a factor in the case, but the mere act of exposure in a public place can be sufficient to constitute the offense.