Sex crimes can take many different forms, including rape, sexual abuse, and incest. In the state of Kentucky, indecent exposure is also a sex crime. Although indecent exposure may not seem as serious as some of the other sex crimes, it can still have very serious consequences.
By definition, a person is guilty of indecent exposure when he intentionally exposes his genitals in public or under circumstances in which he knew or should have known that others would be alarmed or offended by his conduct. Often, the person commits indecent exposure for the purpose of sexual gratification.
Kentucky law provides that there are two different types of indecent exposure depending on the age of the alleged victim, or witness. Indecent exposure in the second degree, which is a misdemeanor, means that the witness is 18 or older. In contrast, indecent exposure in the first degree means that the witness is under the age of 18. Indecent exposure in the first degree is a misdemeanor for the first and second offenses. For the third offense or any subsequent offense, it is a felony.
One question that comes up is what exposing one’s genitals actually means. To expose one’s genitals means bare genitals. Exposing a breast or your buttocks or flashing your underwear do not count.
Another question that comes up is whether urinating in public is considered to be indecent exposure. The short answer is that it depends on the circumstances. For example, if you urinated in an alleyway at night, you would probably have a good argument that you were not intentionally exposing your genitals with the purpose of offending or alarming a passerby.
Indecent exposure can have very serious consequences. If convicted of this crime, you could face penalties such as fines and imprisonment. You may also be required to register as a sex offender.
If you have been charged with indecent exposure, you should speak with an experienced criminal defense attorney right away to ensure your rights are protected.