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Indecent Exposure

Nashville Indecent Exposure Charge Defense Lawyer

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 Nashville criminal defense attorney in your corner.

The Act

The charge of public exposure breaks down into two separate characterizations.

Intentionally Exposing One’s Genitals

It is a form of indecent exposure to engage in either of the following:

  • 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
  • Engaging in sexual contact while reasonably expecting that someone else will view the act for the purpose of 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
  • Masturbating in the child’s presence or intended presence

The Charge

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. Under Tennessee law, a third conviction for indecent exposure can lead to a sexual offender classification, which comes with additional reporting and registration requirements.

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.

Exceptions

There are exceptions in relation to the parameters of indecent exposure, including:

  • Breastfeeding in public or private is legal.
  • Nude modeling for art classes isn’t against the law.
  • Private facilities that are clothing optional and properly licensed by the state aren’t considered public property for the purposes of this charge.
  • Serious theater productions can incorporate nudity if it’s considered to have artistic merit.

As a former prosecutor, Andrew Beasley at Andrew C. Beasley, PLLC, in Nashville, 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 615-821-2230 today.

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