Under Virginia Code 18.2-387, indecent exposure is defined as intentionally and knowingly displaying private parts in a public place or any place where other persons are present, with the intent of being seen by them. The law applies to the public display of genitalia, the female breast, buttocks, or the anus. It does not include exposure due to clothing that is too tight or too revealing. Those convicted of indecent exposure may be subject to fines, and in some cases, jail time.

If you or a loved one has been charged with indecent exposure, it is important to seek out experienced legal counsel as soon as possible. Our experienced sex crime lawyers at Virginia Sex Crime Attorney can develop an effective legal strategy to help defend you.

What is Indecent Exposure?

Indecent exposure is defined by Virginia criminal code 18.2-387 as the willful exposure of one’s body in an obscene manner, in a public place, or the presence of people, to be seen or likely to be seen by others.

The state's criminal code also specifies that it is a crime to expose one's private parts offensively to another person with the intent to cause alarm or affront. In addition, it is a crime to solicit another person in a public place to engage in any act of sexual contact, sexual intercourse, or sodomy.

The law also distinguishes between indecent exposure and simple nudity. Simple nudity is defined as a state of dress that does not include any part of the body normally covered by clothing but does not include any of the following: a state of dress intended to be provocative or intended to cause shock, affront, or alarm; or a state of dress intended to sexually arouse or gratify any person.

Virginia Law and Indecent Exposure

In Virginia, there are specific laws related to indecent exposure in public places. The Virginia criminal code 18.2-387 states that no person shall knowingly and intentionally expose his or her private parts in a public place, or in a place where others are present, and be reckless as to whether such conduct is likely to cause affront or alarm to another person. Note that a person does not have to succeed in shocking, arousing, or offending the other person to be convicted of indecent exposure. In other words, simply intending to do so is enough.

Additionally, a person does not have to be fully nude to be convicted of indecent exposure. If a person is wearing only underwear and exposes certain parts of their body, they can still be charged with indecent exposure.

Elements of the Crime

For a defendant to be convicted under Code 18.2-387, the prosecutor must prove beyond reasonable doubt that he/she:

Intended to make an obscene display or exposure of their body. This means that the defendant must have intended to either show their genitals or expose themselves in some other way in a public place or in a place where others were present. The act must also be done in a way that was likely to be offensive or alarming to other people who were present.

The defendant was in a public place or in a place where others were present. This means that the act must have occurred in a place where the public could access it or where people were likely to be present. This could include a park, a beach, a public restroom, a public street, or any other place that is accessible to the public.

They were reckless or willful in their act. This means that the person must have been aware that their conduct was likely to be offensive or alarming to others who were present and that they knew that their conduct was illegal.

Situations that Could Result in a Person Being Arrested for Indecent Exposure in Virginia

Below are some of the circumstances that could lead to a charge of indecent exposure in Virginia:

  • Going for a Swim in Public — Although it is not illegal to swim in a public pool or lake in Virginia, it is illegal to swim while nude. Swimming nude in a public pool or lake is considered a form of indecent exposure and can lead to an arrest.
  • Public urination — Urinating in public is considered a form of public indecency in Virginia, and if you are caught doing it, you can face an indecent exposure arrest.
  • Exposing genitals in public — Exposing one’s genitals in a public place is considered a form of indecent exposure in Virginia. This includes not only purposefully exposing one’s genitals, but also failing to cover them up when going out in public.
  • Sexual activity in public — Engaging in sexual activity in public, either alone or with a partner, is considered a form of indecent exposure in Virginia. This includes public masturbation and sexual intercourse.
  • Lewd acts — In Virginia, it is illegal to commit a lewd act in public. This includes making sexual advances or gestures in a public place.

Penalties for Indecent Exposure

The penalties for indecent exposure vary depending on the severity of the offense.

Criminal Penalties

Indecent exposure is considered a Class 1 misdemeanor in Virginia. This means that if convicted, an offender can be sentenced to up to 12 months in jail and/or up to a $2,500 fine. In some cases, a person who is convicted of indecent exposure may also be required to register as a sex offender.

Civil Penalties

In addition to criminal penalties, a person convicted of indecent exposure in Virginia can also face civil penalties. The victim of indecent exposure can file a civil lawsuit against the offender, seeking damages for any physical, mental, or emotional distress they experienced due to the exposure. The victim may be able to recover damages for any medical expenses, counseling costs, and lost wages they incurred as a result of the incident.

Other Penalties

In addition to criminal and civil penalties, a person who is convicted of indecent exposure in Virginia may also face other kinds of penalties. Depending on the circumstances of the offense, you may be added to the Virginia Sex Offender Registry. A person who is convicted of indecent exposure may also face social and professional consequences, such as the loss of their job or difficulty finding employment in the future.

Possible Defenses for Indecent Exposure

Here are some possible legal defenses that can be used in an indecent exposure case.

Lack of Intent

One of the elements of indecent exposure is that the accused must have intended to expose themselves in a way that would be offensive. If the accused can show that they did not have the intent to be indecent, then their indecent exposure charges may be dropped.

Mistaken Identity

In some cases, the accused may be able to argue that they are not the person who committed the crime. If so, then the case against them may be dropped or dismissed,

Accident

If the accused can show that the exposure was an accident and not intentional, then they may be able to argue that they are not guilty of the crime.

Insanity

In some cases, the lawyer of the accused may be able to argue that they are not guilty of the crime due to mental illness or incapacity.

Necessity

In some cases, the accused may be able to argue that they exposed themselves to avoid greater harm. For example, if the accused exposed themselves to avoid a sexual assault, then they may be able to argue that they are not guilty of the crime

Aggravated Indecent Exposure in Virginia

Aggravated indecent exposure occurs when a person:

  • Deliberately and willfully displays his or her private parts in public or a private place and
  • Such display is done with the intent of arousing the sexual desire of himself or herself or any other person present.

The offense is considered “aggravated” when the defendant is either under 18 years of age or has previously been convicted of a similar offense.

In order for a conviction to occur, the prosecution must prove beyond a reasonable doubt that the defendant: willfully and deliberately exposed their private parts; the exposure was done with the intent of arousing the sexual desire of himself or herself or any other person present; and the defendant is either under 18 years of age or has previously been convicted of a similar offense.

The crime of aggravated indecent exposure carries a felony conviction. The punishment for a conviction can range from a minimum of one year in jail up to a maximum of five years in prison, a fine of up to $2,500, or both. Additionally, a conviction can result in a permanent criminal record, which can have a negative effect on an individual’s ability to obtain employment, housing, and other essential services.

In certain cases, the defendant may be able to avoid jail time by entering into a plea agreement with the prosecutor. This agreement typically involves pleading guilty to a lesser offense, such as indecent exposure, in exchange for a lesser sentence. However, note that even if the defendant enters into such an agreement, they will still be required to register as a sex offender.

Obscene Sexual Display VS Indecent Exposure

There is a difference between obscene sexual display and indecent exposure under Virginia law. Both charges are misdemeanors that can result in jail time, fines, and a criminal record, but they have different elements and punishments. An obscene sexual display is defined as intentionally exposing one’s genitalia or buttocks in a lewd manner. This charge is more serious than indecent exposure and is a Class 1 misdemeanor. The punishment for this offense can include up to 12 months in jail and/or a fine of up to $2,500.

Indecent exposure is defined as exposing one’s intimate parts in a public place or while in view of the public. It is a Class 5 misdemeanor, carrying a maximum of 12 months in jail and/or a fine of up to $2,500.

In Virginia, the elements for obscene sexual display include the intentional display of one’s genitalia or buttocks in a lewd manner, in a public place, or view of the public. The exposure must be done with the intent of sexual gratification or to humiliate or harass another person.

The elements for indecent exposure include the intentional exposure of one’s intimate parts in a public place or in view of the public. The exposure must be done with the intent of sexual gratification or to humiliate or harass another person.

The difference between the two charges is that obscene sexual display requires the intentional display of genitalia or buttocks in a lewd manner, while indecent exposure requires the exposure of intimate parts.

Can an Indecent Exposure Conviction in Virginia be Expunged?

Yes, in some cases, a conviction for indecent exposure in Virginia can be expunged. To be eligible for expungement, a person must have been convicted of a misdemeanor offense of indecent exposure and not a felony. Additionally, the person must have completed all of the terms of the sentence, including any probation or parole imposed.

Once a person is eligible for expungement, there are certain steps he or she must take to have the conviction removed from their criminal record. First, the person must file a petition for expungement with the court in the county or city where the conviction took place. The petition must include a request for expungement, the details of the conviction, and proof that the person has completed all the terms of their sentence.

Once the petition is filed, the court will schedule a hearing where the petitioner can present evidence to support their request for expungement. At the hearing, the petitioner must demonstrate to the court that they have been rehabilitated and that expungement is in the public’s best interest. The court will then decide whether or not to grant the expungement. If the court grants the expungement, the conviction for indecent exposure will be removed from the petitioner’s criminal record.

Note that even if the conviction is expunged, the crime still shows up on background checks. Additionally, the conviction can still be used to enhance the punishment for any future convictions.

Offenses Related to Indecent Exposure

Some offenses are charged with or alongside indecent exposure. They include:

Lewd and Lascivious Behavior

Virginia Code 18.2-370, defines lewd and lascivious behavior as any act that is intended to arouse or gratify sexual desire of any person or to bring any person to a state of sexual stimulation. This includes any sexual contact, indecent exposure, sexual intercourse, or any other act of a sexual nature.

Under Virginia law, lewd and lascivious behavior is a Class 1 misdemeanor, which carries a punishment of up to one year in jail and a fine of up to $2,500. However, if a person is convicted of engaging in lewd and lascivious behavior with a minor, or if the person has been convicted of this crime more than once, the punishment increases to a Class 6 felony, which carries a punishment of up to five years in prison and a fine of up to $2,500.

Public Masturbation

Under Virginia Code 18.2-387, public masturbation is defined as intentionally exposing one’s private parts, in a lewd and lascivious manner, in the presence of another person, with the intention of alarming the other person.

According to the Virginia Code, those found guilty of public masturbation can be fined up to $2,500, imprisoned for up to 12 months, or both. In addition, those who are convicted of public masturbation may also be required to register as a sex offender.

Obscene Sexual Display

Obscene sexual display is defined under Virginia Code 18.2-370 as the intentional display of one’s sexual organs or other sexual parts of the body in a public place with the intent to provoke a response from those present.

Under Virginia law, obscene sexual display is a Class 1 misdemeanor. This carries a possible penalty of up to 12 months in jail and/or a fine of up to $2,500. In addition, the court could order supervised probation and/or community service.

Indecent Exposure with the Intent of Sexual Gratification

Indecent exposure with the intent of sexual gratification is defined as the deliberate exposure of one’s private parts in a public place with the intent to arouse or gratify one’s sexual desires. This offense is considered a Class 1 misdemeanor. This is punishable by up to 12 months in jail and/or a fine of up to $2,500. Additionally, anyone convicted of this crime must register as a sex offender.

The act of indecent exposure is an offense that can be committed in a variety of ways. This includes the intentional display of one’s private parts in a public place, whether or not they are seen by another person. It can also include the intentional display of one’s private parts in a private place, with the intent of being seen by another person. Finally, it can also include the intentional display of one’s private parts in a public place, with the intent of being seen by another person.

Peeping and Peering

Peeping and peering involves looking through windows, holes, or other openings into a building, dwelling, or other structure, to spy upon or invade the privacy of an individual. It is a Class 1 misdemeanor and carries a maximum sentence of up to 12 months in jail and/or a fine of up to $2,500.

The offense is defined broadly and can include activities such as looking through a window or door with binoculars, using a camera to photograph someone inside their home, or using a drone to fly around a property and look into windows. It can even include the use of technology such as night vision goggles to see inside a dwelling.

Frequently Asked Questions About Indecent Exposure

Below are some of the most frequently asked questions about Virginia indecent exposure laws.

Is Virginia a “Romeo and Juliet” State?

No, Virginia is not a “Romeo and Juliet” state. In these states, courts may exercise leniency in cases involving consensual sexual activity between two minors. However, Virginia does not have any such laws on the books. As such, minors engaging in any form of sexual activity including indecent exposure in Virginia may still be prosecuted under the state’s laws.

Can I be Charged with Indecent Exposure if I Was in My Own Home?

In most cases, no. Under Virginia law, it is not a crime to expose oneself in one’s own home. However, if the exposure can be seen or heard by someone outside of the home, it may be considered indecent exposure. Additionally, if the exposure is witnessed by a minor, the individual may be charged with a more serious offense.

What should I do if I am Charged with Indecent Exposure in Virginia?

If you are charged with indecent exposure in Virginia, the most important thing you can do is to speak with a qualified sex crime attorney. An experienced attorney can help you understand the charges against you and will work to ensure that your rights are protected throughout the process.

What Level of Exposure is Considered Inappropriate in Virginia?

The act of indecent exposure requires the display of unclothed genitals to other people or in a public setting. Note that showing underwear or other clothing does not qualify as indecent exposure in Virginia. If a person was to undress in public, but remain in their underwear, they would not be seen as having committed the offense.

Find a Criminal Defense Attorney Near Me

If you have been charged with indecent exposure, it is important to contact a sex crime lawyer as soon as possible. Our experienced defense attorneys at Virginia Sex Crime Attorney can review your case, advise you on your legal rights, and help develop a strong defense against the charges leveled against you. Call us today at 571-933-8494 to get the help you need.