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 Hawaii, indecent exposure is addressed under Section 707-734 of the Hawaii Revised Statutes. The law defines indecent exposure as intentionally exposing one's genitals to one or more persons not members of the individual's household, under circumstances likely to cause affront or alarm. The statute specifies that it is not considered indecent exposure if the exposure occurs in a situation where the conduct is appropriate, such as a locker room or a medical examination. Indecent exposure is considered a misdemeanor in Hawaii. It is important to note that the intent behind the exposure, such as the desire to attract attention, sexually gratify oneself or another, or to offend, can be relevant to the charge and the severity of the potential penalties. As with all criminal statutes, the interpretation and enforcement of indecent exposure laws can vary, and it is advisable to consult with an attorney for specific legal advice or defense related to such charges in Hawaii.