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Indecent Exposure Virginia

Indecent exposure is a crime that the State of Virginia takes very seriously. Being convicted of indecent exposure can result in extensive fines, jail time, and other long-term penalties.
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What is indecent exposure? Is indecent exposure in Virginia a felony?

Under Virginia Code § 18.2-387, indecent exposure is defined as intentionally making “an obscene display or exposure of his [or her] person, or the private parts thereof, in any public place, or in any place where others are present.” Indecent exposure can cover a wide variety of activities that involve your privates being exposed to the public. Some of these activities include masturbation, sexual intercourse, and flashing. Breastfeeding is NOT considered indecent exposure in Virginia.

In Virginia, “public” is considered as an area in which a person displaying their privates could foreseeably subject another person to the sight of their privates. To convict you of indecent exposure, the government has to prove that you intentionally exposed yourself and did so in a public setting.

In general, indecent exposure is categorized as a Class 1 misdemeanor. If you are convicted of indecent exposure under its Class 1 misdemeanor status, you could face imprisonment of up to 12 months in jail and a fine of up to $2,500.

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Is urinating (peeing) in public considered indecent exposure?

Urinating in public is illegal in all states. Attempts have been made by the Virginia Legislature to make public urination its own crime, but right now, if you are cited by a police officer for urinating in public, it will be an indecent exposure charge. Some municipalities have created their own ordinances that specifically outlaw public urination. For example, in Arlington County, urinating in public is specifically prohibited under Arlington County Code § 17-21 and is a Class 1 misdemeanor, the same class as indecent exposure.

Indecent exposure and minors

Intentionally indecently exposing yourself to a minor (under 15) or propositioning a minor to expose themselves to you can be a felony. Being convicted of felony indecent exposure to a minor can result in a stiff fine and up to 10 years in prison.

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Do I have to register as a sex offender if I am convicted of indecent exposure in Virginia?

Contrary to popular belief, a first-time conviction of indecent exposure will not result in you having to register as a sex offender in Virginia. We do not recommend you urinate in public, but doing so will not make you a sex offender, the first time at least. If you are convicted of indecent exposure three or more times, you will be required to register as a sex offender.

The Sex Offender Registry is a national, publicly searchable, registry of anyone convicted of certain sex crimes in the United States. Your placement on the registry could have wide-ranging consequences, including losing your job, being unable to live in certain housing, and being prohibited from areas that commonly have children present.

Your life can be turned upside down by an indecent exposure conviction and its subsequent consequences. If you are charged with this crime, make sure you call Gretchen Pousson and Matthew Kensky of Scrofano Law PC. Attorney Pousson and Kensky are experienced litigators that know how to craft strong defense strategies that will keep you out of trouble in Virginia. The right lawyer can make all the difference.

    1. What does the law define as indecent exposure?
    In Virginia, indecent exposure is when a person intentionally displays their private parts in a public place or where others are present.

    2. Is indecent exposure always a misdemeanor?
    Generally, indecent exposure is a Class 1 misdemeanor, but certain circumstances — such as involving minors — may elevate penalties.

    3. What penalties or consequences can result from an indecent exposure conviction?
    A conviction can lead to fines and imprisonment depending on classification, prior history, and the circumstances of the offense.

    4. Does breastfeeding in public count as indecent exposure?
    No. Under Virginia law, breastfeeding in public is not considered indecent exposure.

    5. What happens after an indecent exposure arrest?
    The process usually includes arrest, booking, arraignment, possible bail, discovery, and further court proceedings where legal defenses may be presented.
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