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 Virginia, indecent exposure is classified as a Class 1 misdemeanor under Virginia Code § 18.2-387. This statute defines indecent exposure as an individual intentionally making an obscene display or exposure of his or her private parts in any public place or in a place visible from a public place, or in the presence of others. The law specifies that the exposure must be in a manner that is deemed offensive to the prevailing standards of decency. Virginia law does not require that the exposure be made with the intent to sexually gratify the person committing the act. However, if the exposure is performed with the intent to sexually abuse another person, additional charges such as sexual battery may apply under Virginia Code § 18.2-67.4. It is important to note that local ordinances may also have regulations regarding indecent exposure, and these can vary between different municipalities within the state.