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 Washington State, indecent exposure is addressed under RCW 9A.88.010. A person is guilty of indecent exposure if he or she intentionally makes any open and obscene exposure of his or her person or the person of another knowing that such conduct is likely to cause reasonable affront or alarm. The law specifies that the exposure of a female's breast for the purposes of breastfeeding is not considered indecent exposure. Indecent exposure is classified as a misdemeanor, but it can be elevated to a gross misdemeanor if the person has been previously convicted of the same offense or if the exposure is to a person under the age of 14. If the person has a prior conviction for a sex offense, the charge can be further elevated to a class C felony. The intent behind the exposure, such as to sexually gratify oneself or another, or to offend another person, can be an important factor in the case.