Indecent exposure charges in Indiana can have significant consequences if you are convicted. They should be taken seriously. Facing criminal proceedings can be stressful, but understanding the process allows for better preparation. Keep reading below to learn more.

What Does Indiana Law Define as Indecent Exposure?

Indecent exposure, as outlined in Indiana Code 35-45-1, is the act of knowingly or intentionally, in a space with the reasonable expectation of privacy, engaging in sexual behaviors with the intent to be seen by those in a public space.

Some of the more common behaviors that can result in indecent exposure charges are:

  • Non-penetrative sexual contact with another person
  • Sexual intercourse
  • Sexual fondling of genitals, either one’s own or another’s
  • Nudity

A key component to the successful conviction of indecent exposure is that the prosecution must establish that you had the intention to be seen. This can be a valuable point to challenge in defense of these charges.

What Is the Difference Between Indecent Exposure and Public Indecency?

Indecent exposure and public indecency are often used interchangeably. Although they are related, the state of Indiana treats them as distinct crimes. They are charged similarly, starting as misdemeanors.

Indecent exposure may happen in a place with a reasonable expectation of privacy, but to be viewed by someone in a public place. An example of this may be engaging in sexual behavior in front of an open street-facing window where passersby can see. Public indecency may be the same behavior, but in a public place with no expectation of privacy.

What Are the Penalties for Indecent Exposure Charges?

Under Indiana law, indecent exposure is considered a Class C misdemeanor if the goal is to be seen by an adult. This charge carries a maximum sentence of incarceration for up to 60 days and a fine of up to $500.

If the goal of exposure was to be seen by a child 16 years or older, the charges may be upgraded to a Class A misdemeanor, which can carry a sentence of up to one year of confinement and a fine not to exceed $5,000.

Aggravating Factors

Though a first-time charge that does not involve minors is typically a misdemeanor, there are aggravating circumstances that may put you at risk of a felony conviction. If you have a previous conviction for a similar charge, or you exposed yourself with the intent to be seen by a minor, the charges may be upgraded to a Class D or Level 6 felony.

A Class D felony charge may result in a sentence of jail time ranging from six months to 30 months, along with the possibility of a fine of up to $10,000.

The Lasting Impact of an Indecent Exposure Conviction

Many people feel that a misdemeanor charge is relatively insignificant. While it is certainly easier to handle than a felony, they can both have a lasting impact on your life. Many employers and property management companies are hesitant to work with someone with a criminal background, limiting your ability to obtain employment or find stable housing.

Additionally, some educational institutions may deny acceptance based on a criminal record. If you are convicted of a felony, Indiana law may require you to register on the Sex and Violent Offender Registry, which can further limit your ability to move forward in life.

An indecent exposure conviction can have a substantial negative impact on your life. These are charges that should be taken seriously and handled with care to minimize the fallout.

Contact an Indianapolis Sex Crimes Lawyer at Suhre & Associates DUI and Criminal Defense Lawyers for a Free Consultation

If you are facing indecent exposure charges in Indiana, the consequences can affect your freedom, reputation, and future opportunities. At Suhre & Associates DUI and Criminal Defense Lawyers, we understand what’s at stake and are prepared to fight for your rights. 

Contact us today to schedule a free, confidential consultation with the experienced Indianapolis sex crimes lawyers.

For more information, contact the sex crimes attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (317) 759-2599 or visit us at our Indianapolis law office.

Suhre & Associates DUI and Criminal Defense Lawyers – Indianapolis
101 W Ohio St #2000,
Indianapolis, In 46204

(317) 759-2599