5.500 — INDECENT EXPOSURE

Violations of "Statute 5.500" results in a Class C Misdemeanor

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(a) Definitions

Indecent exposure refers to the act of intentionally exposing one's genitals, buttocks, or breasts in a manner that is offensive or inappropriate in public or in the presence of others who may find the exposure offensive. This charge includes exposure that occurs in public places or in settings where others may reasonably be present, such as parks, streets, or public transportation, as well as in more private areas that are not meant for such conduct.

(b) Elements

To establish the offense of indecent exposure, the prosecution must prove beyond a reasonable doubt the following elements:

1. The defendant intentionally exposed their genitals, buttocks, or breasts.

2. The exposure occurred in a public place or in the presence of one or more persons who would be likely to be offended or alarmed by such conduct.

3. The defendant's actions were not a result of an accident or involuntary act.

(c) Defenses

Defenses against a charge of indecent exposure may include:

• The exposure was accidental or unintentional, such as due to a wardrobe malfunction or other unintended incident.

• The exposure occurred in a private setting where no one was present to witness the conduct or the exposure was not intended to be seen by others.

• The defendant had a legal right or justification for the exposure, such as during a medical examination or certain artistic performances.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

• The exposure occurred in front of minors or in a location specifically intended for children.

• The defendant has a prior conviction for similar offenses or other related offenses, showing a pattern of inappropriate conduct.

• The exposure was done in an intentionally lewd or sexually suggestive manner.