Virginia Law Prohibits Indecent Exposure: Understand the Legal Implications
Exposing your private parts (indecent exposure) intentionally is illegal in Virginia. It is formally defined as: “Revealing one’s genitals under circumstances likely to offend others. Exposure is indecent under the law whenever a reasonable person would or should know that his act may be seen by others–for example, in a public place or through an open window–and that it is likely to cause affront or alarm.” If you’ve been arrested in Virginia for indecent exposure, don’t hesitate and call a lawyer right away.
Indecent exposure is typically considered a misdemeanor, but mitigating circumstances may make your charge more serious. Every state has different laws that govern indecent exposure, so read on to learn the penalties for indecent exposure in Virginia.
What Are The Penalties For Indecent Exposure In Virginia?
There are many penalties an individual could potentially face if they are charged with indecent exposure in Virginia. If other charges are compounded on top of your indecent exposure charge, you could face more serious penalties as well. If found guilty, you could be subjected to:
Jail time: Your incarceration sentence may be restricted to county jail or, depending on the circumstances surrounding the crime and the severity of the crime, you may be required to do one or more years in prison.
Probation: If you are sentenced to probation, you will need to have regular meetings with an assigned probation officer as well as fulfill other conditions laid out in your probation requirements. This may include counseling, maintaining a good job, or even performing community service or volunteering for certain charities.
Monetary fines: Those found guilty of indecent exposure will likely be required to pay a fine. Normally, these monetary fines are a minimum of $1,000.
Addition to sex offender registry: If you are found guilty of indecent exposure, you may be required to list yourself on the sex offender registry. This has serious implications on your future and could cause many personal and professional issues.
How Can I Defend Myself Against An Indecent Exposure Charge?
Anyone who has been charged with indecent exposure needs to enlist the help of a lawyer to ensure they are adequately and sufficiently defended against this charge. Depending on the specifics of your case, your lawyer might use one of the following defenses.
Consent comes into play in the context of indecent exposure. If the viewer consented to viewing your private parts, this may be used as a defense in your case. If two people consent a sexual act and see each other’s private parts, this is not illegal. But if the two consenting adults are in public and a third party person sees the indecent exposure, that person did not consent,which can cause legal problems. However, it’s important to note that your lawyer may be able to prove that you had a lack of intent to show third parties. For example, if someone accidentally sees indecent exposure through a window or a dressing room curtain, your lawyer may be able to prove that you had no intention of exposing a third party.
Additionally, if the indecent exposure was not sexually motivated, this is another situation in which a lawyer may be able to defend that you are not guilty. For example, if someone urinates in public and subsequently exposed their private parts, they could be arrested for indecent exposure. But their lawyer can fight to prove that the exposure was not sexually motivated, which may mitigate the risk of being added to a sex offender registry or facing harsh penalties.
States that permit nude dancing have a sort of exception when it comes to indecent exposure laws. State and local governments provide legislation for these establishments and specify how nude dancing is to be facilitated in a public setting. However, if state or local laws prohibit nudity in this capacity, anyone who participates runs the risk of an indecent exposure charge.
Schedule A Consultation With Scott C. Nolan Today If You Have Been Charged With Indecent Exposure
Indecent exposure is a serious charge that could lead to serious consequences, especially in the state of Virginia. Don’t run the risk of facing penalties to this charge on your own. Schedule a consultation with Fairfax criminal defense attorney Scott C. Nolan today to learn what options exist for your defense, and how you can get justice following a charge of this nature.
The sooner you call Fairfax lawyer Scott C. Nolan, the faster you can create a defense plan and fight back against your indecent exposure accusation. We take the time to listen to the details surrounding your case and stop at nothing to fight for you.