Indecent Exposure

Indecent Exposure in Nevada: A Comprehensive Overview

Indecent exposure, as governed by Nevada Revised Statutes (NRS) 201.220, pertains to the deliberate display of one's genitals in a public setting or before another individual who could potentially be disturbed or alarmed by such behavior. Nevada law aims to ensure public decency is maintained and that individuals are protected from unexpected exposure to intimate acts.

Basics of the Offense

Action: The act of indecent exposure is characterized by the willful exposure of one's genitalia or anus, either in a public space or within a private setting that is visible to the public.
Penalties for First-time Offenders: A first-time violation is classified as a gross misdemeanor. The potential consequences of such an offense include:
- Jail Time: Up to 364 days.
- Fine: Up to $2,000.

Penalties for Subsequent Offenses

Classification: If one is found guilty of indecent exposure after a previous offense, the act is escalated to a Category D felony. The penalties become more severe:
- Prison Time: Between 1 to 4 years.
- Fine: Up to $5,000.
Sex Offender Registration: Convicts are mandated to register as a Tier I sex offender. It's essential to note that Tier I offenders are not publicly searchable in Nevada, with an exception when the victim is a minor.

Exact Wording of Section 201.220

For those who wish to delve deeper into the specifics, here's the exact language from the statute:

A person who makes any open and indecent or obscene exposure of his or her person, or of the person of another, is guilty:
- (a) Except as otherwise provided in this subsection, for the first offense, of a gross misdemeanor.
- (b) For any subsequent offense, or if the person has previously been convicted of a sexual offense as defined in NRS 179D.097, of a category D felony and shall be punished as provided in NRS 193.130.
- (c) For an offense committed by a person 18 years of age or older in the presence of a child under the age of 18 years or a vulnerable person as defined in paragraph (a) of subsection 8 of NRS 200.5092, of a category D felony and shall be punished as provided in NRS 193.130.
For the purposes of this section, the breast feeding of a child by the mother of the child does not constitute an act of open and indecent or obscene exposure of her body.

Examples of Violations:

Public Acts: A man deliberately exposing himself in a public park or a woman undressing in a crowded street.
Private Premises with Public Exposure: Someone standing by their window in plain view of their neighbors and intentionally revealing their genitals.
Exposure to Minors: Engaging in exhibitionist acts where children under the age of 18 are present.

Building a Defense Against Charges of Indecent Exposure

If you or someone you know faces charges related to indecent exposure, it's essential to adopt a robust defense strategy, preferably with the assistance of a seasoned criminal defense attorney.

Defense Strategies:

Challenge Intent or Knowledge:
- Example: A man's swim shorts accidentally get pulled off by a wave at the beach. In such cases, the act was unintentional and involuntary.
Question the Credibility of Witnesses:
- Example: Discrepancies in testimonies or accounts of two or more witnesses who claim to have observed the act.
Examine the Location and Circumstances:
- Example: A person accused of indecent exposure in a location where they believed they had complete privacy, such as their fenced backyard.
Explore Constitutional Defenses:
- Example: A law enforcement officer conducts a search without a valid warrant or breaches the accused's right to remain silent.

Concluding Thoughts

Indecent exposure charges in Nevada can have significant legal and personal ramifications. At Liberators Criminal Defense, we believe in safeguarding the rights and reputation of every individual. Our team is dedicated to providing the guidance and defense you deserve. If you're facing such charges, don't hesitate to consult with our expert attorneys to evaluate your case's nuances and craft the most potent defense strategy tailored to your situation.