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 Delaware, indecent exposure is addressed under Title 11, Section 765 of the Delaware Code. The law defines indecent exposure in two degrees. First-degree indecent exposure is when a person intentionally exposes their genitals or buttocks to someone under the age of 16, or causes someone under that age to expose themselves, with the intent to arouse or gratify sexual desire. This is classified as a Class A misdemeanor. Second-degree indecent exposure is when a person exposes their genitals, buttocks, or female breasts in a public place likely to be offensive to others or with the intent to cause alarm or annoyance. This is considered a Class B misdemeanor. The law requires that the exposure be intentional, and it is not limited to sexual gratification but also includes the intent to offend or alarm others. Penalties for these offenses can include fines, imprisonment, and possible registration as a sex offender for more serious cases.