This post will answer the following two legal questions on the misdemeanor of indecent exposure:
How does the Commonwealth prove a defendant guilty of the offense of indecent exposure?
In order to prove a defendant GUILTY of indecent exposure, the Commonwealth must prove ALL three of the following elements of the offense beyond a reasonable doubt:
Note that the offense of indecent exposure does NOT need to be in a public place or involve exposure to more than one person.
Does the location of the exposure matter in determining whether the defendant committed the offense of indecent exposure?
YES, the location of the exposure matters in determining whether the defendant committed the offense of indecent exposure.
The misdemeanor (i.e. an offense for which a person CANNOT be sentenced to a state prison sentence) of indecent exposure is applicable only to exposure of the genitalia, and NOT to exposure of the genital area, pubic hair, buttocks, or female breasts.
By contrast the felony (i.e. an offense for which a person CAN be sentenced to a state prison sentence) offense of “open and gross lewdness and lascivious behavior” includes the intentional exposure of genitalia, buttocks, or female breasts, but has the additional element that it must be done in such a way as to produce actual alarm or shock.
IF YOU OR A LOVED ONE HAVE BEEN CHARGED WITH INDECENT EXPOSURE, AND YOU NEED AN EXPERIENCED CRIMINAL DEFENSE LAWYER WORKING ON YOUR SIDE TO PROTECT YOUR RIGHTS, PLEASE CONTACT CRIMINAL DEFENSE ATTORNEY WILLIAM J. BARABINO.
CALL 781-393-5900 TO LEARN MORE ABOUT YOUR AVAILABLE DEFENSES.