A. Indecent exposure consists of a person knowingly and intentionally exposing his primary genital area to public view.

B. As used in this section, "primary genital area" means the mons pubis, penis, testicles, mons veneris, vulva or vagina.

C. Whoever commits indecent exposure is guilty of a misdemeanor.

D. In addition to any punishment provided pursuant to the provisions of this section, the court shall order a person convicted for committing indecent exposure to participate in and complete a program of professional counseling at his own expense.

History: 1953 Comp., § 40A-9-24, enacted by Laws 1975, ch. 109, § 5; 1996, ch. 84, § 1.

Cross references. — For provision that testimony of victim hereunder need not be corroborated, see 30-9-15 NMSA 1978.

For limitations on testimony regarding victim's past sexual conduct, see 30-9-16 NMSA 1978.

The 1996 amendment, effective July 1, 1996, rewrote and designated the existing language as Subsections A through C, and added Subsection D.

Vehicle on public street as "public view". — The cab of a pickup truck parked on a public street in daylight hours is open to the public view and the actions of a defendant in calling an 11 year-old girl to a window on the pretext of asking directions consequently fall within the meaning of indecent exposure under this section. State v. Artrip, 1991-NMCA-035, 112 N.M. 87, 811 P.2d 585, cert. denied, 112 N.M. 21, 810 P.2d 1241.

No exposure to "public view". — The defendant, who deliberately displayed his genital area before a minor child in the household wherein he was living, did not indecently expose himself to "public view" as proscribed by this section. State v. Romero, 1985-NMCA-096, 103 N.M. 532, 710 P.2d 99, cert. denied, 103 N.M. 525, 710 P.2d 92.

Prosecutrix' prior sexual conduct. — In prosecution for indecent exposure before female child under 18, where questions asked of prosecutrix on cross-examination relating to specific prior acts of sexual misconduct were allowed by the trial court on theory that they were an attack upon her credibility, the permitting or limiting of extent of such questioning was well within discretion of the court. State v. McKinzie, 1963-NMSC-060, 72 N.M. 23, 380 P.2d 177.

Contributing to delinquency of a minor is separate offense. — An element of indecent exposure is that the defendant's acts take place in "public view;" there is no such element in contributing to delinquency of a minor, and the trial court's refusal to give the instruction as a lesser included offense was proper. State v. Henderson, 1993-NMSC-068, 116 N.M. 537, 865 P.2d 1181, overruled in part on other grounds by State v. Meadors, 1995-NMSC-073, 121 N.M. 38, 908 P.2d 731.

Prior offenses. — In prosecution for indecent exposure before female child under age of 18, question to defendant's wife regarding a prior second degree rape charge filed against her husband, posed after she testified that his sexual morality had never been called into question, related only to the character of defendant, which he himself had placed in issue by taking the stand, and claimed prejudice was unavailing to him. State v. McKinzie, 1963-NMSC-060, 72 N.M. 23, 380 P.2d 177.

Cross-examination prejudicial. — It was an abuse of discretion for trial court to permit the cross-examination of defendant in prosecution for indecent demonstration or exposure in presence of female under 16, to be conducted to the extent and in the manner disclosed by the record, where for purpose of attacking defendant's credibility the prosecutor asked about specified lewd acts with his young daughter, describing the acts, unnecessarily repeating his questions, framing his interrogations as assertions and challenging defendant's denials, with result that defendant was denied a fair trial. State v. Hargrove, 1970-NMCA-006, 81 N.M. 145, 464 P.2d 564.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 50 Am. Jur. 2d Lewdness, Indecency and Obscenity §§ 2, 17.

Criminal offense predicated upon indecent exposure, 93 A.L.R. 996, 94 A.L.R.2d 1353.

Topless or bottomless dancing or similar conduct as offense, 49 A.L.R.3d 1084.

What constitutes "public place" within meaning of statutes prohibiting commission of sexual act in public place, 96 A.L.R.3d 692.

Indecent exposure: what is "person", 63 A.L.R.4th 1040.

Regulation of exposure of female, but not male breasts, 67 A.L.R.5th 431.

Constitutionality of state statutes banning distribution of sexual devices, 94 A.L.R.5th 497.

What constitutes "public place" within meaning of state statute or local ordinance prohibiting indecency or commission of sexual act in public place, 95 A.L.R.5th 229.