TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 41

INDECENCY AND OBSCENITY

18-4116.  Indecent exposure. Every person who willfully and lewdly, either:

(1)  Exposes his or her genitals, in any public place, or in any place where there is present another person or persons who are offended or annoyed thereby; or

(2)  Procures, counsels, or assists any person so to expose his or her genitals, where there is present another person or persons who are offended or annoyed thereby is guilty of a misdemeanor.

Any person who pleads guilty to or is found guilty of a violation of subsection (1) or (2) of this section or a similar statute in another state or any local jurisdiction for a second time within five (5) years, notwithstanding the form of the judgment(s) or withheld judgment(s), is guilty of a felony and shall be imprisoned in the state prison for a period not to exceed ten (10) years.

The provisions of this section shall not apply to the breastfeeding of a child or the expression of breast milk for the purpose of feeding a child.

History:

[18-4116, added 1996, ch. 241, sec. 1, p. 771; am. 2006, ch. 178, sec. 8, p. 549; am. 2018, ch. 181, sec. 2, p. 397.]