Indecent exposure is a complex issue. Standards vary from state to state, sometimes from city to city. This is why when you are faced with this kind of charge you need to contact an attorney who knows the local standards. Indecent exposure can also be called exhibitionism, public indecency, or nudity in public. The most basic and easiest to understand definition of this charge is the deliberate exposure of a person’s body considered inappropriate standards or against moral standards. This usually includes both male and female genitalia, although some areas include female breasts. This varied definition is just one of the problems with exhibitionism.
Deliberate exposure is an important facet of this definition. The term “wardrobe” malfunction coined by Hollywood for some unfortunate situations, including the “panty peek” coined by tabloids to Janet Jackson’s infamous display, do not count as public indecency because it lacks intent. Breast feeding is not considered indecent in the United States, as well as Canada, Australia, and Scotland. In some states female exposure of their breasts is legal, and in others nudity is allowed on their beaches. Even where partial or total nudity is allowed, however, if your intention is to offend shock or arouse others, it is considered illegal.
Indecent exposure can include urinating in public, if genitalia are seen by others. Mooning can also be considered as public nudity, if your intent is to gain your “15 minutes of fame” and you know there is a chance you could be photographed or videotaped. While no sexual act needs to take place for nudity in public charges, sexual exhibitionism and extreme acts of sexual display can bring about these charges, even in the most tolerant states. With all the various and complicated issues that come into play with indecent exposure, it is best to seek legal advice to assist with the situation.
