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Indecent exposure laws in most states make it a crime to purposefully display one's genitals in public, causing others to be alarmed or offended. Indecent exposure is often committed for the sexual gratification of the offender, and may reach the level of a sexual assault if any physical contact is made.

What is Indecent Exposure? Indecent Exposure is the act of disclosing or brandishing any visible stimuli that is considered to be illicit, unlawful, lewd, or objectionable in nature. Although both the parameters and protocol surrounding an Indecent Exposure charge can be overwhelmingly broad, a multitude of the details latent within an Indecent Exposure charge is contingent on the inclusion and investigation of applicable legislation based on locale, intent, and the nature of the action or activity in question.

RCW 9A.88.010 Indecent exposure. (1) A person is guilty of indecent exposure if he or she intentionally makes any open and obscene exposure of his or her person or the person of another knowing that such conduct is likely to cause reasonable affront or alarm. The act of breastfeeding or expressing breast milk is not indecent exposure.

     (2)(a) Except as provided in (b) and (c) of this subsection, indecent exposure is a misdemeanor.

     (b) Indecent exposure is a gross misdemeanor on the first offense if the person exposes himself or herself to a person under the age of fourteen years.

     (c) Indecent exposure is a class C felony if the person has previously been convicted under this section or of a sex offense as defined in RCW 9.94A.030.

Indecent Exposure in the Media

The legality applied to the innate nature of any acts, expressions, and depictions latent within circumstances involving an Indecent Exposure charge are typically not brought into question. In contrast, the setting in which they take place become the focus of any legal investigation.

While nudity and sexually explicit or suggestive media is not necessarily illegal in specified forums, the subjection to the general public of these activities can be construed as Indecent Exposure. There exists a varied perception of the delineation between Indecent Exposure and acts rooted in artistic or lawful expression. All expression(s) that take place in a public setting must comply with any and all applicable statutes concerning the nature of behavior that constitutes Indecent Exposure.

Indecent Exposure Allegations: Terminology and Associated Offenses

The following are commonly associated with charges of Indecent Exposure:

a. Intent: Intent is legally defined as the intended result for which one hopes as a result of any individual actions or activity. In the event of an Indecent Exposure charge, the prosecuting attorney is responsible to prove that suspect acted knowingly and deliberately in their respective actions resulting in any presume indecency.
b. Public Setting: Any setting in which individuals of all ages inhabit that comply with legal statutes of accepted morality and proper behavior. This differs by locale.
c. Federal Communications Commission (FCC): The commission sanctioned by the Federal Government of the United States in order to regulate the activity taking place in the public setting-based media.
d. Public Nudity: The exposure of the nude body in a public setting.
e. Public Indecency: The presumed immoral, unethical, objectionable, or offensive behavior displayed in a public setting.
f. Signage: Documentation making individuals and objective bystanders aware of the details of any and all events taking place in specified locations. Signage must be employed in circumstances that retain the potential of resulting in Indecent Exposure charges.
g. Warning: Expressed conveying of caution with regard to an event taking place in a specific location. Warnings must be employed in circumstances that retain the potential of resulting in Indecent Exposure charges.
h. Censorship: The unlawful banning, prohibition, and ceasing of an individual’s First Amendment Rights, which is also known as Freedom of Speech.
i. Privacy: A setting in which an individual is free to act according to their respective discretion with regard to legal or lawful behavior.

Arrest Process for Indecent Exposure

Individuals who have been served documentation in the form of an arrest warrant displaying an Indecent Exposure charge, or have already been arrested by law enforcement agents, are encouraged to cooperate with the arresting officers regardless of personal belief with regard to the charges. Individuals under arrest will be given the opportunity to consult with legal specialists subsequent to the arrest process. Resisting or fleeing from an Indecent Exposure arrest can result in harm, injury, and additional penalties. Upon arrest, an individual should be made aware of the following in order to prevent any further complication(s):

• Habeas Corpus
• Due Process
• The Presumption of Innocence.

Upon the arrest for an Indecent Exposure charge, this is the standard arrest protocol that must be upheld by any and all arresting officers. Miranda Rights include the Fifth Amendment, which states that an individual retains the right to remain silent in order to avoid incriminating themselves. This is also known as ‘pleading the Fifth’. In addition, Miranda Rights also guarantee the following rights with regard to an arrest:

a. The right to remain silent
b. The right for any words spoken during the arrest to be admissible during a trial
c. The right to consult with an attorney regardless of financial stature
d. The acknowledgement that the individual arrested for the Indecent Exposure charge understands the aforementioned rights.

The Preparation of an Indecent Exposure Defense



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