At The McDaniel Law Firm, we know facing criminal charges like Indecent Exposure can be incredibly confusing and frightening. Our expert defense attorneys in Memphis will help you understand your charges and determine your options. Our attorneys will work with you to develop an aggressive defense strategy that delivers the best possible outcome.
Possible Penalties for Indecent Exposure
According to Tennessee law, a person commits the offense of Indecent Exposure who:
(A) In a public place or on the private premises of another, or so near thereto as to be seen from the private premises:
(i) Intentionally:
(a) Exposes the person's genitals or buttocks to another; or
(b) Engages in sexual contact or sexual penetration; and
(ii) Reasonably expects that the acts will be viewed by another and the acts:
(a) Will offend an ordinary viewer; or
(b) Are for the purpose of sexual arousal and gratification of the defendant; or
(B)(i) Knowingly invites, entices or fraudulently induces the child of another into the person's residence for the purpose of attaining sexual arousal or gratification by intentionally engaging in the following conduct in the presence of the child:
(a) Exposure of such person's genitals, buttocks or female breasts; or
(b) Masturbation; or
(ii) Knowingly engages in the person's own residence, in the intended presence of any child, for the defendant's sexual arousal or gratification the following intentional conduct:
(a) Exposure of the person's genitals, buttocks or female breasts; or
(b) Masturbation.
(2) No prosecution shall be commenced for a violation of subdivision (a)(1)(B)(ii)(a) based solely upon the uncorroborated testimony of a witness who shares with the accused any of the relationships described in §36-3-601(5)
(3) For subdivision (a)(1)(B)(i) or (a)(1)(B)(ii) to apply, the defendant must be eighteen (18) years of age or older and the child victim must be less than thirteen (13) years of age.
(b)(1) “Indecent exposure”, as defined in subsection (a), is a Class B misdemeanor, unless subdivision (b)(2), (b)(3) or (b)(4) applies.
(2) If the defendant is eighteen (18) years of age or older and the victim is under thirteen (13) years of age, indecent exposure is a Class A misdemeanor.
(3) If the defendant is eighteen (18) years of age or older and the victim is under thirteen (13) years of age, and the defendant has any combination of two (2) or more prior convictions under this section or §39-13-517 , or is a sexual offender, violent sexual offender or violent juvenile sexual offender, as defined in §40-39-202 , the offense is a Class E felony.
(4) If the defendant is eighteen (18) years of age or older and the victim is under thirteen (13) years of age, and the offense occurs on the property of any public school, private or parochial school, licensed day care center or other child care facility during a time at which a child or children are likely to be present on the property, the offense is a Class E felony.
(A) In a public place or on the private premises of another, or so near thereto as to be seen from the private premises:
(i) Intentionally:
(a) Exposes the person's genitals or buttocks to another; or
(b) Engages in sexual contact or sexual penetration; and
(ii) Reasonably expects that the acts will be viewed by another and the acts:
(a) Will offend an ordinary viewer; or
(b) Are for the purpose of sexual arousal and gratification of the defendant; or
(B)(i) Knowingly invites, entices or fraudulently induces the child of another into the person's residence for the purpose of attaining sexual arousal or gratification by intentionally engaging in the following conduct in the presence of the child:
(a) Exposure of such person's genitals, buttocks or female breasts; or
(b) Masturbation; or
(ii) Knowingly engages in the person's own residence, in the intended presence of any child, for the defendant's sexual arousal or gratification the following intentional conduct:
(a) Exposure of the person's genitals, buttocks or female breasts; or
(b) Masturbation.
(2) No prosecution shall be commenced for a violation of subdivision (a)(1)(B)(ii)(a) based solely upon the uncorroborated testimony of a witness who shares with the accused any of the relationships described in §36-3-601(5)
(3) For subdivision (a)(1)(B)(i) or (a)(1)(B)(ii) to apply, the defendant must be eighteen (18) years of age or older and the child victim must be less than thirteen (13) years of age.
(b)(1) “Indecent exposure”, as defined in subsection (a), is a Class B misdemeanor, unless subdivision (b)(2), (b)(3) or (b)(4) applies.
(2) If the defendant is eighteen (18) years of age or older and the victim is under thirteen (13) years of age, indecent exposure is a Class A misdemeanor.
(3) If the defendant is eighteen (18) years of age or older and the victim is under thirteen (13) years of age, and the defendant has any combination of two (2) or more prior convictions under this section or §39-13-517 , or is a sexual offender, violent sexual offender or violent juvenile sexual offender, as defined in §40-39-202 , the offense is a Class E felony.
(4) If the defendant is eighteen (18) years of age or older and the victim is under thirteen (13) years of age, and the offense occurs on the property of any public school, private or parochial school, licensed day care center or other child care facility during a time at which a child or children are likely to be present on the property, the offense is a Class E felony.
Possible Penalties for an Indecent Exposure Conviction
As described previously, Indecent Exposure can be charged differently based on the specific circumstances.
- Class A Misdemeanors are punishable by up to 11 months and 29 days in jail and up to a $2,500 fine.
- Class B Misdemeanors are punishable by up to 6 months in jail and up to a $500 fine.
- Class C Felonies are punishable by 3-15 years in jail and up to a $10,000 fine.
- Class D Felonies are punishable by 2-12 years in jail and up to a $5,000 fine.
- Class E Felonies are punishable by 1-6 years in jail and up to a $3,000 fine.
Protect Your Future With a Strong Defense
The McDaniel Law Firm has 37 years of experience representing clients charged with criminal charges, such as Indecent Exposure. We provide personalized service and work diligently to provide you the strongest defense in order to achieve the very best possible outcome for your case.
Call The McDaniel Law Firm to discuss your case or to schedule a Free Consultation – 901-527-6518