April 17, 2025 | Criminal Defense
Indecent exposure is a serious criminal offense in Kentucky that can result in jail time, steep fines, and a lasting criminal record. While some people might think of it as a minor offense, the consequences can be severe—especially if you are charged multiple times or the offense involves a minor.
Knowing how Kentucky law defines indecent exposure and understanding your rights can help you navigate these charges more effectively.
What Is Indecent Exposure Under Kentucky Law?
Indecent exposure laws in Kentucky fall under the state’s public indecency and sexual offense statutes. The key laws are Kentucky Revised Statutes (KRS) § 510.148 and KRS § 510.150.
Under KRS § 510.148, a person commits indecent exposure in the first degree when they expose their genitals under circumstances likely to cause alarm, and the victim is under the age of 18. This offense is treated seriously and is classified as a Class D felony if it is a third or subsequent offense.
Under KRS § 510.150, a person commits indecent exposure in the second degree if they expose their genitals under circumstances likely to cause harm, and the victim is 18 years of age or older. This charge, like first-degree indecent exposure, applies even when no physical contact is made.
Penalties for Indecent Exposure in Kentucky
The penalties for indecent exposure vary depending on the degree of the offense and whether it is a first or repeat offense.
- Second-degree exposure (first offense): Up to 90 days in jail and a fine of up to $250.
- Second-degree exposure (second offense): Can be elevated to a Class A misdemeanor, with up to 12 months in jail.
- First-degree exposure: If the victim is a minor and/or it’s a third or subsequent offense, you could face a Class D felony, punishable by 1 to 5 years in prison.
A conviction could also result in mandatory registration as a sex offender in some cases, which carries long-term consequences far beyond any jail sentence or fine.
Common Examples of Indecent Exposure
Many cases of indecent exposure stem from actions people don’t realize are illegal.
Some common situations include:
- Public urination in a place where others can see you.
- Flashing or mooning someone in a way that causes alarm.
- Exposing oneself at a public park, bar, or school.
- Engaging in sexual behavior in a car parked in a public space.
Your state of mind is a major factor in how the law is applied. Generally speaking, these charges apply only if you knew (or should have known) that your actions could cause alarm to someone else.
Defending Against Indecent Exposure Charges
Being charged with indecent exposure does not automatically mean you’ll be convicted. There are several valid defenses an attorney might raise depending on the facts of your case.
Some of the most common defenses include:
- Lack of knowledge: If the exposure was accidental and you didn’t know it could cause alarm or arousal, the charges might not hold.
- False accusation: It’s possible you were wrongly identified or someone misinterpreted the situation.
- No public view: If the alleged exposure occurred in a private setting where no one could reasonably have seen you, it may not meet the legal definition.
A skilled criminal defense lawyer can investigate your case, gather evidence, and help build a strong defense to protect your rights and freedom.
Contact the Lexington Criminal Defense Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today
If you’ve been accused of indecent exposure in Kentucky, do not try to handle the case on your own. These are serious charges with serious consequences. A knowledgeable criminal defense lawyer can step in immediately to protect your rights and fight to keep your record clean.
For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers. Give us a call today at (859) 569-4014 or visit us at our Lexington law office.
Suhre & Associates DUI and Criminal Defense Lawyers – Lexington
333 West Vine Street #212
Lexington, KY 40507