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 New Hampshire, indecent exposure is addressed under RSA 645:1, Indecent Exposure and Lewdness. The law states that a person is guilty of a misdemeanor if they for the purpose of arousing or gratifying sexual desire, they expose their genitals under circumstances that they should know will likely cause affront or alarm. The law also covers the exposure of female breasts. The intent to attract attention, sexually gratify oneself or another, or to offend is a key component of the crime. The statute specifies different circumstances and locations where such behavior is prohibited, including public places or visible from public places. Enhanced penalties may apply if the offense is committed in the presence of a child under 16 years of age or if the offender has prior convictions for the same offense.