What is Indecent Exposure
August 26, 2023
Indecent exposure involves the act of intentionally exposing one’s genitalia or buttocks to another or engaging in sexual contact or sexual penetration. To constitute the crime of indecent exposure the defendant must intend that the exposure or sexual activity be viewed by another and will “offend the ordinary viewer” or the defendant’s sexual acts “are for the purpose of sexual arousal or gratification of the defendant.”
Tennessee law also identifies indecent exposure as knowingly inducing the child of another into the defendant’s residence for the purpose of sexual arousal or gratification by intentionally exposing their genitalia or female breast or engaging in masturbation. For the type of indecent exposure involving a child victim, the defendant must be at least (18) years of age, and the child must be less than thirteen (13) years of age.
Indecent exposure constitutes a Class B misdemeanor. However, if the defendant is over 18 and the child victim is less than 13, then the crime is elevated to a Class A misdemeanor.
Yes, indecent exposure can be a felony if the defendant in question has two or more prior indecent exposure convictions or the defendant is classified as a “sexual offender, violent sexual offender or violent juvenile sexual offender.” In such instances, indecent exposure rises to the level of a Class E felony.
Tennessee law defines public indecency as intentionally or knowingly in a public place engaging in the following conduct:
(1) engag[ing] in sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or other ultimate sex acts;
(2) Fondl[ing] the genitals of the person, or another person; or
(3) Appear[ing] in a state of nudity or perform[ing]an excretory function.
Public indecency, if a first or second offense, is a Class B misdemeanor under Tennessee law. A common example of law enforcement charging a person with public indecency is when the police catch the individual urinating in public. A key difference between indecent exposure and public indecency is that the crime of indecent exposure involves the exposure of one’s genitals. That is not an element of the crime of public indecency.
Tennessee law defines patronizing prostitution as “soliciting or hiring another person with the intent that the other person engages in prostitution, or entering or remaining in a house of prostitution for the purpose of engaging in sexual activity.” Prostitution involves engaging, offering to engage, in sexual activity as a business. Thus, a defendant can commit the crime of patronizing prostitution by attempting to solicit or hire another person to engage in prostitution. A defendant can also commit prostitution by entering and remaining in a place that offers prostitution.
Patronizing prostitution is a Class A misdemeanor. However, if a defendant solicits prostitution from someone who is under the age of eighteen (18), a person who is intellectually disabled, or from a police officer posing as a person under 18, then the crime is elevated to what Tennessee calls “trafficking for commercial sex acts.” This is a much more serious crime.
If you face charges for trafficking for commercial sex acts or for the lesser offense of patronizing prostitution, you need the services of an experienced criminal defense attorney who can evaluate the case and determine whether there are any applicable defenses. Eric Phillips of Hagar & Phillips has substantial experience in defending those charged with sexual offenses under Tennessee law.
There are three different types of statutory rape, as classified in the Tennessee Criminal Code: (1) mitigated statutory rape; (2) statutory rape; and (3) aggravated statutory rape. The key differences between these offenses are the ages of the respective victims and defendants. The penalties increase as the age gap between the victim and defendant increases.
Mitigated statutory rape involves the unlawful sexual penetration of another when the victim is between the ages of 15-17 and the defendant is at least four years but not five years older than the victim.
Statutory rape involves the same acts of unlawful sexual penetration but the victim is thirteen (13) or fourteen (14) years old, and the defendant is at least four years older than the victim but less than ten years older than the victim. It also involves cases where the victim is at least 15 but less than 18, and the defendant is more than five years older than the victim but less than ten years older than the victim.
Aggravated statutory rape applies when the victim is at least thirteen (13) years of age but less than eighteen (18) years of age, and the defendant is more than ten years older than the victim.
For more information about indecent exposure, public indecency, patronizing prostitution, or statutory rape in Tennessee, you can speak with the best attorneys in Lebanon, TN, Eric Phillips or Tiffany Hagar, by contacting Hagar & Phillips for a confidential consultation at 615-784-4588. Please reach out to us if you need directions to Lebanon, TN.
