Sexual crimes of any sort create a reputation in society, and one that is hard to shake. Few of them carry such a stigma as indecent exposure. Whether an accident, a joke or something else entirely, aside from the damage to a person’s reputation, indecent exposure is illegal in the state of Kentucky and carries a criminal sentence. However, despite how the act is viewed by the populace at large, anyone accused of any crime has the constitutional right to defend themselves, and to an attorney to help them do so.
Let Dan Carman and Attorneys Help
If you have been accused or arrested on charges of indecent exposure in the Commonwealth of Kentucky, contact Dan Carman and Attorneys. With a network of attorneys around the state, Dan Carman and Attorneys are licensed to practice in every court in Kentucky and have the knowledge, experience and resources to help you develop the best strategy for the best possible outcome to your case. If you have questions or would like to set up an appointment, contact us online or call 1.844.593.3336.
Indecent Exposure in Kentucky
Indecent exposure is the act of displaying one’s genitals in public, generally to another person. It can happen for several reasons, from a joke to an accident. However, in most legal cases, the individual exposing themself receives sexual gratification from it and may be doing so in an attempt to arouse sexual desire in the individual to which the genitals are exposed.
Indecent exposure in Kentucky is broken down into two categories. The first is exposing oneself to someone known to be under 18 years of age when the perpetrator knows he or she is “likely to cause alarm”; this is the more serious of the two offenses. The second type is exposing one’s genitals to someone over 18 years of age when the perpetrator knows he or she is likely to “cause alarm.” The law does not apply to women’s breasts, but only to the genitals.
First Degree Indecent Exposure (KRS 510:48):
Intentionally exposing your genitals when you know (or should know) that this conduct is likely to cause alarm to a person who is less than 18 years old.
- First offense: Class B misdemeanor – Punishable by imprisonment for up to 90 days and/or a fine of up to $250.
- Second offense: Class A misdemeanor (if it was committed within three years of the first conviction) – Punishable by imprisonment for up to 12 months and/or a fine of up to $500.
- Third offense: Class D felony (if it was committed within three years of the prior conviction) – Punishable by imprisonment for between one and five years and/or a fine of between $1,000 and $10,000.
- Subsequent offenses: Class D felony (if it was committed within three years of the prior conviction) — Punishable by imprisonment for between one and five years and/or a fine of between $1,000 and $10,000.
Second Degree Indecent Exposure (KRS 510:150):
Intentionally exposing your genitals when you know (or should know) that this conduct is likely to cause alarm to a person 18 years old or older.
- Class B misdemeanor — Punishable by imprisonment for up to 90 days and/or a fine of up to $250.
Indecent Exposure Defenses in Kentucky
Despite the seriousness of the charge, there are still several defenses available to those charged with indecent exposure, including:
- Accident: Did the accused intend to expose himself, or was the act itself an accident or mistake? For example, could the defendant have unintentionally left himself exposed after using the restroom?
- Intention: Was the accused’s intention to show his genitals to those around him, or was the defendant in the process of urinating or changing clothes?
- Unsure of age: In this defense, while the accused admits to indecent exposure, he or she did not know the victim was underage; if this is the case, it could mean the difference between a first degree and second degree charge.
Sex Offender Registry
As indecent exposure in Kentucky qualifies as a sex crime, those convicted must register with the sex offender registry, and those convicted of indecent exposure in another state must register in Kentucky, as well. When registering, sex offenders are ordered to give a sample of DNA for the registry file, and the law prohibits sex offenders from living or coming within 1,000 feet of a school, day-care facility or publicly-owned playgrounds. The registry is available online to the public, and the minimum length of time to remain on the registry is 20 years.
Dan Carman and Attorneys are a network of lawyers located throughout Kentucky. They will make sure that your rights are protected. Whether you are facing charges, suspect you might be charged in the future or have already been found guilty of indecent exposure, our Kentucky defense attorneys can help you. Attorney Dan Carman has served in the United States Marine Corps as defense counsel, prosecutor, legal assistance attorney, and in-house counsel for an infantry battalion, and he and his attorneys have the knowledge, experience and resources to help. For answers to your questions or to set up an appointment, contact us online or call 1.844.593.3336.