In Tennessee, the crime of indecent exposure is a sex offense that comes with harsh criminal and social consequences. Indecent exposure includes the act of intentionally exposing one’s genitals in public. If you’re facing a charge of indecent exposure, the stakes are high, and you need an experienced sex crimes attorney in your corner. Our Nashville indecent exposure lawyers can explain the charges, review your case, and help you build a solid defense strategy.
How Is the Act of Indecent Exposure Defined?
The charge of public exposure in Nashville breaks down into two separate characterizations, both of which our attorneys can assist with if you have been charged. These include the following
Intentionally Exposing One’s Genitals
This form of indecent exposure entails intentionally exposing one’s genitals or buttocks to someone else in a public place, on the private premises of the other person, or so near the other person’s private premises as to be seen by them. It may also mean engaging in sexual contact while reasonably expecting that someone else will view the act for one’s own sexual arousal and gratification or in reasonable expectation of offending the ordinary viewer
Involving a Child
Another form of indecent exposure is knowingly inviting or luring someone else’s child into one’s home for purposes of one’s own sexual gratification through either of the following: Exposing one’s genitals, buttocks, or female breasts to the child or masturbating in the child’s presence or intended presence.
What Are the Charges for Indecent Exposure?
Generally, a first offense charge of indecent exposure is a Class B misdemeanor, but if a child is involved, the charge can be elevated. When the person doing the exposure is at least 18 years old, and the victim of the indecent exposure is under the age of 13, the charge is a Class A misdemeanor.
It’s important to note that indecent exposure can be charged as a felony when the accused is at least 18 years old, the victim is under the age of 13, and there are specific aggravating factors involved. For example, the charge can be elevated to a Class E felony under any of the following circumstances:
- The accused has at least two prior convictions for indecent exposure or public indecency.
- The accused is a registered sexual offender.
- The offense occurs on the property of a childcare facility, such as a school or daycare center, when children are likely to be present.
Under Tennessee law, a third conviction for indecent exposure can lead to a sexual offender classification, which comes with additional reporting and registration requirements. If you are facing a third indecent exposure charge, contacting a Nashville attorney is crucial for mitigating potential consequences.
Exceptions That Are Not Considered Public Exposure
There are exceptions in relation to the parameters of indecent exposure. These include the following:
- Breastfeeding in public or private is legal.
- Nude modeling for art classes isn’t against the law.
- Serious theater productions can incorporate nudity if it’s considered to have artistic merit.
- Private facilities that are clothing optional and properly licensed by the state aren’t considered public property for this charge.
If you were unfairly charged with indecent exposure in Nashville based on any of these previously stated exceptions, our lawyers can confidently defend your case.
You Need the Skilled Legal Guidance of an Experienced Nashville Criminal Defense Attorney
As a former prosecutor, Andrew Beasley from Beasley Law Criminal Defense Attorneys brings his unique understanding of the criminal courtroom to every case he handles. When you work with Andrew, you’re in good hands, and he will leave no stone unturned in his focused efforts to resolve your case as favorably as possible. Learn more about what we can do to help you by contacting us online or calling us at (615) 846-9889 to speak with a Nashville indecent exposure lawyer today.