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The elements of indecent exposure

On Behalf of | Sep 3, 2020 | Sex Crimes

Individuals in Minnesota or most other states who show their genitalia to others could be charged with indecent exposure. In most cases, an individual would actually have to show their genitals to another person to be charged with this type of crime. Typically, a person is not breaking the law if he or she is covered regardless of how much or how little that individual is wearing. Furthermore, there is usually an exemption for a woman who is breastfeeding a baby in public.

In New York, a person is able to expose him or herself for the purposes of performing in a place. In California, it may need to be shown that individuals exposed themselves to others for the purposes of sexual gratification. A first offense indecent exposure charge is typically a misdemeanor while a second offense is often treated as a felony.

If an individual touches another person while baring his or her genitals, the charge could be upgraded to felony sexual assault. Those who are convicted of indecent exposure could also be expected to register as a sex offender for the rest of their lives. Other penalties may include fines and several months in a county jail or a state prison. Prosecutors may allow defendants to plead to lesser charges in an effort to avoid registering as a sex offender.

Individuals who are charged with sex crimes may benefit from seeking the advice of an attorney. An attorney might be able to clear a person’s name or make it possible to plead to a lesser charge. This may be done by casting doubt on evidence introduced by a prosecutor or having evidence suppressed. If enough evidence is suppressed before a trial, the case might be dropped before any testimony is heard by a jury.


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