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 West Virginia, indecent exposure is addressed under West Virginia Code §61-8-9, which defines the crime as intentionally exposing one's genitals or other private parts in public, where others may be present who would be offended or alarmed by the act. The law specifies that it is unlawful for any person to intentionally make an open and indecent or obscene exposure of his or her person, or the private parts thereof, in any public place, or in any place where others are present. This statute implies that the exposure must be intentional, suggesting that accidental exposure may not constitute a violation of the law. Additionally, the context of the exposure, such as the presence of others who might be offended, is a relevant factor in determining whether the act qualifies as indecent exposure. Penalties for indecent exposure in West Virginia can include fines, imprisonment, or both, and the severity of the punishment may depend on the specific circumstances of the offense and the offender's criminal history.