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 North Dakota, indecent exposure is addressed under North Dakota Century Code 12.1-20-12.1. According to this statute, an individual commits the offense of indecent exposure if they willfully expose their private parts, or cause another to expose their private parts, in a public place, or in private premises where other persons are present, under circumstances in which the individual knows that such conduct is likely to annoy, offend, or alarm others. This includes the exposure of genitals, anus, buttocks, or female breasts. The law specifies that the exposure must be done with the intent to arouse, appeal to, or gratify sexual desires, either of themselves or of others. The offense can be classified as a Class A misdemeanor or a Class C felony, depending on the circumstances, such as the presence of minors or previous convictions for similar offenses. It is important to note that local ordinances may also have regulations regarding indecent exposure, and these should be considered in addition to state law.