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 Arkansas, indecent exposure is defined under Arkansas Code Annotated § 5-14-112. The law states that a person commits indecent exposure if, with the purpose to arouse or gratify the sexual desire of any party, the person exposes their sex organs to another person who is not their spouse, and in circumstances where the person knows or should know the conduct is likely to cause affront or alarm. This offense is considered a Class A misdemeanor; however, it can be elevated to a Class D felony if the person has two or more prior convictions for indecent exposure. Arkansas law requires the element of intent for the exposure to be considered criminal, meaning accidental exposure or exposure without the purpose of sexual arousal or gratification is not typically prosecuted under this statute.