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 Kansas, indecent exposure is addressed under Kansas Statutes Annotated (K.S.A.) 21-5512. According to this statute, a person is guilty of indecent exposure if they expose themselves with the intent to arouse or gratify sexual desires either of themselves or of another person. The exposure must be likely to cause affront or alarm to others. The law specifically mentions the exposure of a sex organ, but it can also apply to other private parts such as the buttocks or female breasts. The crime is typically considered a Class B misdemeanor, but it can be elevated to a more serious offense under certain circumstances, such as repeat offenses or if the exposure is to a person under 14 years of age. It is important to note that intent is a key element of the crime in Kansas, meaning accidental exposure or exposure without the intent to arouse or gratify sexual desires may not constitute indecent exposure under Kansas law.