There may be different wordings as to what constitutes indecent exposure, but it all boils down to the act of exposing your private parts in public or in a place you may be seen by members of the public. Most states will charge you with a misdemeanor if it is a first offense, but subsequent acts will be felonies. Some of the possible defenses to an indecent exposure charge include:

Nude Dancing

Dancing nude is permitted in some places. However, there are strict laws that the dancers or establishments hosting them must follow. If you are a nude dancer, and you adhere to all these laws and regulations, then you shouldn't be accused of indecent exposure.

For example, you may be required to observe a patron-dancer buffer zone or to operate within strict hours of operation. Therefore, a nude dancer who operates outside the permitted hours of operation may be charged with indecent exposure.

You Did Not Intend It

There are several elements necessary to prove indecent exposure, and one of this is that it must be intentional. Therefore, if an accident results in an indecent exposure, and you can prove it, you will be acquitted of the charge. For example, you may escape the misdemeanor charge if your trousers rip while you are running to catch the bus. However, you will certainly be charged with indecent exposure if you get angry at the bus driver and rip your trousers off as a show of defiance.

You Had the Viewer's Consent

Another possible defense is to prove that you had the consent of the person who viewed your exposure. Even in states that do permit this defense, there are a few exceptions because there are people who are deemed incapable of giving consent. Examples include minors and mentally incapacitated persons.  However, this will only be the case if you can prove that only the person or people whose consent you had observed your exposure. If the prosecution can prove that there was at least one other person who did not consent to it, and who was offended, then you will still be charged with the crime.

The appropriate defense for your case depends on your state laws and the circumstances of your alleged act. The only way to know for sure is to consult a lawyer and tell him or her everything whether or not you think you are guilty. Remember that your lawyer is there to defend you and ensure that your legal rights are observed, not to judge you. For more information, contact a company like Law Offices of Michael K. Tasker.

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