# Indecent exposure law outside of the US **URL:** \ **Category:** Factual Questions\ **Created:** [July 6, 2011, 4:11pm UTC](https://boards.straightdope.com/t/indecent-exposure-law-outside-of-the-us/588049 "2011-07-06T16:11:38Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Sicks\_Ate](https://avatars.discourse-cdn.com/v4/letter/s/258eb7/32.png) [@Sicks\_Ate](https://boards.straightdope.com/u/Sicks_Ate)\ **Post date:** [July 6, 2011, 4:11pm UTC](https://boards.straightdope.com/t/indecent-exposure-law-outside-of-the-us/588049/1 "2011-07-06T16:11:38Z")
I was reading updates to sex offender registry laws and realized that someone convicted of indecent exposure is subjected to some pretty serious penalties even after serving their sentence. While indecent exposure is certainly socially unacceptable (in the US anyway, GQ to come), I don’t feel that an offense in which another person was not physically assaulted should trigger the same penalties as a forcible rape. There have been several threads which have addressed the relative prudishness of the US in comparison to many other countries vis-a-vis nudity. I wonder if laws on indecent exposure elsewhere are taken as seriously and carry similarly harsh penalties, considering the general acceptability of adult nekkidness. ---
**Author:** ![robert\_columbia](https://avatars.discourse-cdn.com/v4/letter/r/e79b87/32.png) [@robert\_columbia](https://boards.straightdope.com/u/robert_columbia)\ **Post date:** [July 6, 2011, 4:16pm UTC](https://boards.straightdope.com/t/indecent-exposure-law-outside-of-the-us/588049/2 "2011-07-06T16:16:41Z")
I thought that one of the elements of indecent exposure was sexual desire or intent to shock? (one of the attorneys here can help me on this). I thought that public nudity != indecent exposure ---
**Author:** ![Sicks\_Ate](https://avatars.discourse-cdn.com/v4/letter/s/258eb7/32.png) [@Sicks\_Ate](https://boards.straightdope.com/u/Sicks_Ate)\ **Post date:** [July 6, 2011, 4:25pm UTC](https://boards.straightdope.com/t/indecent-exposure-law-outside-of-the-us/588049/3 "2011-07-06T16:25:47Z")
> [@robert\_columbia](#): > > I thought that one of the elements of indecent exposure was sexual desire or intent to shock? (one of the attorneys here can help me on this). > > I thought that public nudity != indecent exposure Ok yes, to clarify…I am not equating nudity with indecent exposure/sexual/shocking etc. I am just wondering, in a society that is accustomed to nudity, if indecent exposure is even that big of a deal. Here in the US, the only people of the opposite sex thatyou generally see naked are people you are about to sleep with, your children, or in pornography. I would assume that condition would lend a bit of the shock value to an enexpcted genital display. ---
**Author:** ![Mops](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mops/32/16494_2.png) [@Mops](https://boards.straightdope.com/u/Mops)\ **Post date:** [July 6, 2011, 4:44pm UTC](https://boards.straightdope.com/t/indecent-exposure-law-outside-of-the-us/588049/4 "2011-07-06T16:44:52Z")
Germany: a man exposing himself to unwilling others _for the purpose of sexual gratification_ can incur a prison term of up to one year or a fine (this does not apply to women). Men or women knowingly bothering others by public sex acts can incur the same penalty. A necessary precondition is that the victim is really bothered/appalled, not intrigued/moved to pity etc. Also unintended exposure does not qualify. A prison term of \< 2 years is usually given as a suspended sentence. There is no sex offender registry, just a registry of all criminal convictions (relevant for trials on future offences, employ in security-related functions, working with children etc.) where such a conviction would be purged after 10 years if suspended, 15 years if fully served. Two sample convictions I came up with casual Googling: - while bathing at a river, confronted two 14 yo girls, touching his penis - 4 months suspended sentence. - jerking off in public and asking a 16 yo girl to participate, plus two lesser cases - 2800 euro fine Urinating in public is regarding as a nuisance offence (a kind of aggravated littering) not a sexual offence and usually incurs a fine in the two figures/occasionally lower three figures. ---
**Author:** ![Sicks\_Ate](https://avatars.discourse-cdn.com/v4/letter/s/258eb7/32.png) [@Sicks\_Ate](https://boards.straightdope.com/u/Sicks_Ate)\ **Post date:** [July 6, 2011, 5:01pm UTC](https://boards.straightdope.com/t/indecent-exposure-law-outside-of-the-us/588049/5 "2011-07-06T17:01:39Z")
Excellent example, thank you. In Missouri, indecent exposure is considered sexual misconduct, and is a 2nd degree misdemeanor. It is not a registerable offense unless the vitim is a minor. Interesting to note that, in your example, the fellow got off light by comparison. ---
**Author:** ![SanVito](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sanvito/32/2805_2.png) [@SanVito](https://boards.straightdope.com/u/SanVito)\ **Post date:** [July 6, 2011, 5:30pm UTC](https://boards.straightdope.com/t/indecent-exposure-law-outside-of-the-us/588049/6 "2011-07-06T17:30:41Z")
In the UK, indecent exposure is covered by the Sexual Offences Act 2003, which covers every possible sexual offence from exposure up to child trafficking. For the sectio n on [exposure](http://www.legislation.gov.uk/ukpga/2003/42/section/66): > [@](#): > > 66 Exposure > > (1)A person commits an offence if— > (a)he intentionally exposes his genitals, and > (b)he intends that someone will see them and be caused alarm or distress. > > (2)A person guilty of an offence under this section is liable— > (a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; > (b)on conviction on indictment, to imprisonment for a term not exceeding 2 years. Interesting to note that the wording only seems to refer to ‘he’. Does that mean I can go out shaking my poonarnie around in public? On the plus side, it looks like simply wandering around naked isn’t an offence, unless you’re trying to upset people, so the granny next door spotting you naked in your back garden wouldn’t necessarily be an offence. There’s also another section in the act referring specifically to having sex in a public toilet. Doesn’t mention any other public venue so wahay! British Museum here I come! ---
**Author:** ![SanVito](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sanvito/32/2805_2.png) [@SanVito](https://boards.straightdope.com/u/SanVito)\ **Post date:** [July 6, 2011, 5:39pm UTC](https://boards.straightdope.com/t/indecent-exposure-law-outside-of-the-us/588049/7 "2011-07-06T17:39:52Z")
Oh, I missed something. Anyone committed of an offence under the Sexual Offences Act 2003 is placed on the sexual offenders register for different periods depending on the offence. The names of people on this register is not accessible to the public, however. ---
**Author:** ![clairobscur](https://avatars.discourse-cdn.com/v4/letter/c/839c29/32.png) [@clairobscur](https://boards.straightdope.com/u/clairobscur)\ **Post date:** [July 6, 2011, 6:06pm UTC](https://boards.straightdope.com/t/indecent-exposure-law-outside-of-the-us/588049/8 "2011-07-06T18:06:44Z")
France : “sexual exhibition imposed unto others” is punished by up to a one year sentence and a € 15 000 fine. From what I read, “sexual exhibition” is poorly defined and doesn’t necessarily apply to mere nudity. There’s no public registry of sexual offenders, so this part is moot. ---
**Author:** ![Sicks\_Ate](https://avatars.discourse-cdn.com/v4/letter/s/258eb7/32.png) [@Sicks\_Ate](https://boards.straightdope.com/u/Sicks_Ate)\ **Post date:** [July 6, 2011, 6:09pm UTC](https://boards.straightdope.com/t/indecent-exposure-law-outside-of-the-us/588049/9 "2011-07-06T18:09:09Z")
Do you feel that the lenient punishment could be due to a more casual attitude towards nudity in general in UK/Germany/France? Another way to put it…are harsher punishments and public registry requirements a function of prudishness in the US? Yes, say I. ---
**Author:** ![needscoffee](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/needscoffee/32/1076_2.png) [@needscoffee](https://boards.straightdope.com/u/needscoffee)\ **Post date:** [July 6, 2011, 8:14pm UTC](https://boards.straightdope.com/t/indecent-exposure-law-outside-of-the-us/588049/10 "2011-07-06T20:14:20Z")
In what state are you referring to, to what degree of Indecent Exposure, and what is the actual penalty? In my state, public nakedness is charged under Lewd Conduct. Indecent Exposure means “intentionally makes any open and obscene exposure of his or her person or the person of another knowing that such conduct is likely to cause reasonable affront or alarm.” It’s a \*\*misdemeanor \*\*unless the victim is under 14 (gross misdemeanor), **or the perpetrator already has a sexual offense on their record** (felony). I have no problem with increasing a registered sex offender’s penalty if, after conviction for a sex offense, they then commit Indecent Exposure. ---
**Author:** ![alphaboi867](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alphaboi867/32/3898_2.png) [@alphaboi867](https://boards.straightdope.com/u/alphaboi867)\ **Post date:** [July 6, 2011, 9:25pm UTC](https://boards.straightdope.com/t/indecent-exposure-law-outside-of-the-us/588049/11 "2011-07-06T21:25:45Z")
> [@SanVito](#): > > …Interesting to note that the wording only seems to refer to ‘he’. Does that mean I can go out shaking my poonarnie around in public?.. I doubt so. Generally pronouns like “he”, “his”, & “him” are considered to include “she, her’s, & her” automatically. That being said simply by being a woman I think you’d be more likely to be Baker Acted/5150ed/commited (or sectioned as it’s called in the UK) than jailed like a man would. ---
**Author:** ![Michael\_of\_Lucan](https://avatars.discourse-cdn.com/v4/letter/m/dbc845/32.png) [@Michael\_of\_Lucan](https://boards.straightdope.com/u/Michael_of_Lucan)\ **Post date:** [July 7, 2011, 9:20am UTC](https://boards.straightdope.com/t/indecent-exposure-law-outside-of-the-us/588049/12 "2011-07-07T09:20:06Z")
In Ireland, I guess we don’t think nudity is the same as sex. In my experience, the two do not have to coincide. Let me tell you about the time we _[Text Censored]_ two elephants and one sock _[Text Censored]_ in rags and afterwards there was always a bare patch on the grass. Anyway, “indecent exposure” by itself does not seem to be treated as a “sexual offence” of the kind which gets you on the sexual offenders register. Public nudity is covered by various laws against “indecent exposure” or similar terms. It seems to fall into the general category of public disturbance crimes, like being “drunk and disorderly”. It is clear that the act must cause offence. ---
**Author:** ![Jervoise](https://avatars.discourse-cdn.com/v4/letter/j/d2c977/32.png) [@Jervoise](https://boards.straightdope.com/u/Jervoise)\ **Post date:** [July 7, 2011, 12:08pm UTC](https://boards.straightdope.com/t/indecent-exposure-law-outside-of-the-us/588049/13 "2011-07-07T12:08:38Z")
In the UK, the BBC says (in the context of a man stripping off in Trafalgar Square): > [@](#): > > **Under the Sexual Offences Act 2003 it is not an offence to be naked in public in England and Wales. It becomes an offence if it can be proved the person stripped off with the intention to cause distress, alarm or outrage.** > > Then they run the risk of three possible offences, says a spokesman for law firm Kingsley Napley. These are: > > • Indecent exposure - an offence under section 66 of the Sexual Offences Act 2003 > • Intentional harassment, alarm or distress under section 4A of the Public Order Act 1986 > • “Outraging public decency” under common law > **[BBC NEWS | UK | Magazine | When does public nakedness become a crime?](http://news.bbc.co.uk/2/hi/8235959.stm)** > > A man who stood naked on a Trafalgar Square plinth was not breaking the law say police, so when does being naked in public become a crime? ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [July 7, 2011, 12:46pm UTC](https://boards.straightdope.com/t/indecent-exposure-law-outside-of-the-us/588049/14 "2011-07-07T12:46:33Z")
> [@Sicks\_Ate](#): > > Another way to put it…are harsher punishments and public registry requirements a function of prudishness in the US? Yes, say I. No. Punishments for offences in the United States tend to be harsher generally than in other western countries. [The US imprisons a greater number of its citizens, both in absolute numbers and as a proportion of its population, than any other country with reliable statistics](http://www.straightdope.com/columns/read/2494/does-the-united-states-lead-the-world-in-prison-population). [QUOTE=Cecil Adams] According to the International Centre for Prison Studies at King’s College London, the U.S. currently has the largest documented prison population in the world, both in absolute and proportional terms. We’ve got roughly 2.03 million people behind bars, or 701 per 100,000 population. China has the second-largest number of prisoners (1.51 million, for a rate of 117 per 100,000), and Russia has the second-highest rate (606 per 100,000, for a total of 865,000). Russia had the highest rate for years, but has released hundreds of thousands of prisoners since 1998; meanwhile the U.S. prison population has grown by even more. Rounding out the top ten, with rates from 554 to 437, are Belarus, Bermuda (UK), Kazakhstan, the Virgin Islands (U.S.), the Cayman Islands (UK), Turkmenistan, Belize, and Suriname, which you’ll have to agree puts America in interesting company. South Africa, a longtime star performer on the list, has dropped to 15th place (402) since the dismantling of apartheid. [/QUOTE] If the punishment for indecent exposure is higher in the US than in other countries, that strikes me as simply a specific example of that trend. ---
**Author:** ![Sicks\_Ate](https://avatars.discourse-cdn.com/v4/letter/s/258eb7/32.png) [@Sicks\_Ate](https://boards.straightdope.com/u/Sicks_Ate)\ **Post date:** [July 7, 2011, 1:08pm UTC](https://boards.straightdope.com/t/indecent-exposure-law-outside-of-the-us/588049/15 "2011-07-07T13:08:59Z")
> [@Northern\_Piper](#): > > No. Punishments for offences in the United States tend to be harsher generally than in other western countries. > > If the punishment for indecent exposure is higher in the US than in other countries, that strikes me as simply a specific example of that trend. Very good point which I failed to consider, and I do largely agree with you. I still can’t shake the feeling, though, that a little bit of it has to do with some folks’ aversion to even thinking about naughty parts. And I may just hijack my own thread here, but there does seem to be a good bit of hyseteria in the US when it comes to sex crimes against children. Take, for example, the following: [Jacob Wetterling Act](http://en.wikipedia.org/wiki/Jacob_Wetterling_Crimes_Against_Children_and_Sexually_Violent_Offender_Registration_Act) [Adam Walsh Act](http://en.wikipedia.org/wiki/Adam_Walsh_Act) [Megan’s Law](http://en.wikipedia.org/wiki/Megan's_Law) As a rule, laws named after children are usually the result of a tragedy. Do similar, memorial-like laws exist elsewhere? ---
**Author:** ![Tom\_Tildrum](https://avatars.discourse-cdn.com/v4/letter/t/e95f7d/32.png) [@Tom\_Tildrum](https://boards.straightdope.com/u/Tom_Tildrum)\ **Post date:** [July 7, 2011, 4:32pm UTC](https://boards.straightdope.com/t/indecent-exposure-law-outside-of-the-us/588049/16 "2011-07-07T16:32:11Z")
For reference, [staff report](http://www.straightdope.com/columns/read/2887/is-it-indecent-exposure-if-im-visibly-naked-while-on-my-own-private-property) on indecent exposure in the US. ---
**Author:** ![needscoffee](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/needscoffee/32/1076_2.png) [@needscoffee](https://boards.straightdope.com/u/needscoffee)\ **Post date:** [July 7, 2011, 5:32pm UTC](https://boards.straightdope.com/t/indecent-exposure-law-outside-of-the-us/588049/17 "2011-07-07T17:32:38Z")
> [@Sicks\_Ate](#): > > I was reading updates to sex offender registry laws and realized that someone convicted of indecent exposure is subjected to some pretty serious penalties even after serving their sentence. While indecent exposure is certainly socially unacceptable (in the US anyway, GQ to come), I don’t feel that an offense in which another person was not physically assaulted should trigger the same penalties as a forcible rape. > > There have been several threads which have addressed the relative prudishness of the US in comparison to many other countries vis-a-vis nudity. I wonder if laws on indecent exposure elsewhere are taken as seriously and carry similarly harsh penalties, considering the general acceptability of adult nekkidness. Again, you have not shown that simple indecent exposure carries the widespread “serious penalties” you allude to. It certainly does not in my state, unless committed by a previous sexual offender (making it a felony) or against a victim under 14 (making it a gross misdemeanor). ---
**Author:** ![needscoffee](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/needscoffee/32/1076_2.png) [@needscoffee](https://boards.straightdope.com/u/needscoffee)\ **Post date:** [July 7, 2011, 5:35pm UTC](https://boards.straightdope.com/t/indecent-exposure-law-outside-of-the-us/588049/18 "2011-07-07T17:35:25Z")
> [@Sicks\_Ate](#): > > Very good point which I failed to consider, and I do largely agree with you. I still can’t shake the feeling, though, that a little bit of it has to do with some folks’ aversion to even thinking about naughty parts. > > And I may just hijack my own thread here, but there does seem to be a good bit of hyseteria in the US when it comes to sex crimes against children. Take, for example, the following: > > [Jacob Wetterling Act](http://en.wikipedia.org/wiki/Jacob_Wetterling_Crimes_Against_Children_and_Sexually_Violent_Offender_Registration_Act) > > [Adam Walsh Act](http://en.wikipedia.org/wiki/Adam_Walsh_Act) > > [Megan’s Law](http://en.wikipedia.org/wiki/Megan%27s_Law) > > As a rule, laws named after children are usually the result of a tragedy. Do similar, memorial-like laws exist elsewhere? Do you feel that keeping a registry of child-sex offenders and letting neighbors know when they live next-door is hysteria? Or is it that the laws are named after the victim that seems over the top? ---
**Author:** ![Darth\_Panda](https://avatars.discourse-cdn.com/v4/letter/d/ee7513/32.png) [@Darth\_Panda](https://boards.straightdope.com/u/Darth_Panda)\ **Post date:** [July 7, 2011, 5:42pm UTC](https://boards.straightdope.com/t/indecent-exposure-law-outside-of-the-us/588049/19 "2011-07-07T17:42:33Z")
> [@SanVito](#): > > Does that mean I can go out shaking my poonarnie around in public? You have my permission, fwiw. ---
**Author:** ![Sicks\_Ate](https://avatars.discourse-cdn.com/v4/letter/s/258eb7/32.png) [@Sicks\_Ate](https://boards.straightdope.com/u/Sicks_Ate)\ **Post date:** [July 7, 2011, 6:13pm UTC](https://boards.straightdope.com/t/indecent-exposure-law-outside-of-the-us/588049/20 "2011-07-07T18:13:02Z")
> [@needscoffee](#): > > Again, you have not shown that simple indecent exposure carries the widespread “serious penalties” you allude to. It certainly does not in my state, unless committed by a previous sexual offender (making it a felony) or against a victim under 14 (making it a gross misdemeanor). From [Missouri Revised Statutes](http://www.moga.mo.gov/statutesearch/) "589.400. Registration of certain offenders with chief law officers of county of residence—time limitation—cities may request copy of registration—fees—automatic removal from registry—petitions for removal—procedure, notice, denial of petition—higher education students and workers—persons removed.— 1. sections 589.400 to 589.425 shall apply to: (1) Any person who, since July 1, 1979, has been or is hereafter convicted of, been found guilty of, or pled guilty or nolo contendere to committing, attempting to commit, or conspiring to commit a felony offense of chapter 566, RSMo, including sexual trafficking of a child and sexual trafficking of a child under the age of twelve, or any offense of chapter 566, RSMo, where the victim is a minor, unless such person is exempted from registering under subsection 8 of this section; " “566.083. Sexual misconduct involving a child, penalty—applicability of section—affirmative defense not allowed, when.— 1. A person commits the crime of sexual misconduct involving a child if the person: (1) Knowingly exposes his or her genitals to a child less than fifteen years of age under circumstances in which he or she knows that his or her conduct is likely to cause affront or alarm to the child; (2) Knowingly exposes his or her genitals to a child less than fifteen years of age for the purpose of arousing or gratifying the sexual desire of any person, including the child; 4. Sexual misconduct involving a child or attempted sexual misconduct involving a child is a class D felony unless the actor has previously pleaded guilty to or been found guilty of an offense pursuant to this chapter or the actor has previously pleaded guilty to or has been convicted of an offense against the laws of another state or jurisdiction which would constitute an offense under this chapter, in which case it is a class C felony.” A class C or Dfelony is punishable by a maximum of 10 years in prison ([RSMo 577)](http://www.moga.mo.gov/STATUTES/C577.HTM) Compare this to **Mops’** example above, and it’s pretty harsh for a first time offense. [Next page](https://boards.straightdope.com/t/indecent-exposure-law-outside-of-the-us/588049.md?page=2)