The summer months are here, which means that the heat is upon us. One thing that everyone needs to remember is that just because it is hot, you can’t disrobe in an effort to remain cool. Instead, you must stay covered up so that you don’t face criminal charges for indecent exposure.
Kentucky has two different types of indecent exposure. These are denoted by different degrees — first degree and second degree. In the case of indecent exposure in the first degree, the genitals would have to be exposed to a minor. In the case of indecent exposure in the second degree, the genital exposure would be in front of adult and in a manner that would cause alarm.
While it is unlikely that most people would disrobe enough to expose the genitals, it is possible that some might do this. If they do and the incident raises alarm, criminal charges are possible. The second degree charge is always a misdemeanor, but the first degree charge can be either a felony or a misdemeanor.
In some cases, you might be able to call the purpose of the indecent exposure into question. If the exposure was for sexual gratification, you wouldn’t be able to use that purpose as your defense. If the purpose wasn’t sexual gratification, you might be able to use that in your defense. For example, public urination is a problem, but since it isn’t sexually gratifying, you might be able to use the need to urinate urgently enough that you couldn’t find a restroom in time as part of your defense.
Source: FindLaw, “Indecent Exposure,” accessed June 09, 2017