Top Rio Rancho, NM Indecent Exposure Lawyers Near You

What Qualifies as Indecent Exposure?

Indecent exposure is showing private body parts in public. Depending on the jurisdiction, “indecent” body parts may include genitals, buttocks, or breasts. If someone flashes their genitals, buttocks, or breasts in public, they may be charged with indecent exposure. Intentional exposure could also include masturbation in view of another person.

Public nudity can be considered indecent exposure, depending on the intent of the individual and the location of the alleged offense. For example, taking off your clothes in a place where you have a reasonable expectation of privacy may not be considered indecent, even if someone else sees you. Alternatively, a dancer taking off their clothes at a strip club may not be considered indecent because it is a private location and nudity is not unexpected.

What Happens If You Get Charged With Indecent Exposure in New Mexico?

If you are charged with indecent exposure, you may be arrested and booked into jail. After release from jail, you may be scheduled for an upcoming court appearance. If you fail to show up to court, you could have a bench warrant issued for your arrest.

During the arraignment, you may be asked how you plead to the criminal charges. Pleading guilty will lead to sentencing. If you plead not guilty or no contest, your case may be scheduled for a future hearing or trial. During this time, you can contact a criminal defense attorney for legal representation.

The prosecutor or district attorney (D.A.) has the burden of proving every element of the criminal offense beyond a reasonable doubt. The elements of an indecent exposure offense may include:

• The defendant willfully exposed his or her genitals in the presence of another person who might be offended; and
• The defendant acted lewdly or for the purpose of sexual arousal, sexual desire, or gratification.

What Are the Penalties of an Indecent Exposure Conviction?

An Indecent exposure charge may be classified as a misdemeanor or felony sex crime depending on the circumstances. The penalties for indecent exposure depend on the jurisdiction and surrounding circumstances. As a misdemeanor, a conviction for indecent exposure may include:

• Up to 12 months in county jail
• Fines
• Sex offender designation
• Probation

Aggravating factors can increase the penalties. Criminal penalties may increase for subsequent offenses, exposure to children, entering someone’s home, or with a prior criminal history of indecent exposure. As a felony charge, indecent exposure can result in:

• More than 1 year in prison
• Fines
• Lifetime sex offender registration

A felony conviction also has further consequences after serving your sentence. Your criminal record may be a public document and any background check can show prior convictions. However, there are additional restrictions for felony crimes. As a convicted felon, it may be more difficult to find a job, get an apartment, or you may not be allowed to own a firearm.

Will I Have to Register as a Sex Offender for Indecent Exposure?

Indecent exposure may qualify as a registerable offense. As a registered sex offender, the defendant may be required to register as a sex offender upon release from prison. Sex offenders have to continue to notify law enforcement agencies annually or any time they move. Sex offenders may be limited in where they can live, what jobs they can have, and even be restricted in volunteer opportunities.

Sex offender registration is generally accessible by the public. State websites allow users to search for sex offenders by name or by location. If you show up on a sex offender registry, it may include:

• Name
• Photograph
• Address
• Identifying information
• Sex offenses

Failure to register or moving without notifying law enforcement can be a criminal offense. If you have other questions about sex offender registration or limitations for registered offenders, talk to your criminal defense lawyer for legal advice.

How Can an Indecent Exposure Defense Lawyer Help?

There are legal defense options for anyone charged with a sex crime charge. If accused of exposure of genitals, there may be innocent explanations for your actions. Common defenses include:

• Lack of intent
• Mistaken identity
• Exposure in a private location
• No sexual conduct or sexual motivation
• Unintentional exposure

For example, in many cases, the police will arrest someone for indecent exposure for public urination. However, public urination may not be considered exposure because the defendant had no intent to expose themselves to others. An indecent exposure attorney can help you understand your rights and identify the best legal defense options.