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 New Mexico, indecent exposure is defined under Section 30-9-14 of the New Mexico Statutes Annotated (NMSA). According to this statute, a person commits the crime of indecent exposure when they intentionally expose their primary genital area to public view in a manner that is likely to cause affront or alarm. The law specifies that the exposure must be done in a public place, or in a private place where others may view it. Indecent exposure in New Mexico is considered a petty misdemeanor, but it can be elevated to a misdemeanor if the offender has a previous conviction for the same offense. The intent behind the exposure, such as sexual gratification or the intent to offend, is a relevant factor in determining the severity of the offense and the applicable penalties. It is important for individuals to understand that what constitutes 'indecent exposure' can vary significantly from one jurisdiction to another, and actions that are legal in one state may be illegal in another.