Have You Been Charged With Indecent Exposure In Kentucky?

KENTUCKY LAW ON INDECENT EXPOSURE AND DEGREES OF INDECENT EXPOSURE

Indecent exposure in Kentucky is defined in Kentucky Revised Statutes Sections 510.148 and 510.150. 

Indecent exposure in the first degree occurs when a person intentionally exposes his genitals in a way that is likely to cause affront or alarm to a person under 18 years old, and the person knows or should have known these consequences. 

Indecent exposure in the second degree occurs when a person intentionally exposes his genitals in a way that is likely to cause affront or alarm to a person 18 years old or older, and the person knows or should have known these consequences. 

SIMILAR CRIMES TO INDECENT EXPOSURE

Indecent exposure falls within KRS Chapter 510, which deals with sexual offenses. This chapter includes rape, sodomy, sexual abuse, and sexual misconduct. 

ELEMENTS OF INDECENT EXPOSURE

There are three main elements, or things that must be proven, for the for the prosecution obtain a conviction of indecent exposure. First, there has to be a voluntary action by the accused to expose his genitals. Second, the voluntary action must coincide with the knowledge that such an action is likely to cause affront or alarm to a person under the age of 18 years. Third, there must be a person or person under the age of 18 years present to be affronted or alarmed, who must be affronted or alarmed.

PENALTY FOR INDECENT EXPOSURE IN KENTUCKY  

Penalties for indecent exposure are graduated, depending on the number of convictions a person has accrued. 

Indecent exposure in the first degree is a Class B misdemeanor for a first offense, a Class A misdemeanor for the second offense, if committed within three years of the first offense, a Class D felony for the third offense within three years of the second offense, and a Class D felony for any subsequent offense. 

Indecent exposure in the second degree is a Class B misdemeanor. 

The penalties for the offense levels are as follows: 

• Class D felony: 1 – 5 years’ incarceration
• Class A misdemeanor: up to 12 months’ incarceration plus a fine of $500
• Class B misdemeanor: up to 90 days’ incarceration plus of a fine of $250

DEFINITIONS

INDECENT EXPOSURE AS SEEN THROUGH CASE LAW 

One case provides an example of the elements that must be proven for the prosecution to obtain a conviction. Where the defendant took a shower in a public locker room where two young boys were also showering, and all were nude for the purpose of showering, and the nude state of the defendant did not have any effect on the boys, there was not enough evidence to support a conviction. Jenkins v. Com., 308 S.W.3d 704 (Ky. 2010). 

DEFENSES 

To defend against an indecent exposure charge, the accused can refute any of the elements of the crime. If the accused accidentally exposed himself, then the intentionally exposes element would not be satisfied. In first degree indecent exposure, the accused must have acted with the intention to affront or alarm those under the age of 18 years old, specifically. Thus, if the intention was not specifically tied to the age of minority, then the accused’s may possibly be reduced to indecent exposure in the second degree instead. Other ways to defend against this charge would arise if the exposure of accidental or if it was not reasonable to know that the conduct was likely to cause affront or alarm. 

RESULTS 

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