Indecent Exposure Defense in Winston-Salem

What the State’s Indecent Exposure Law Covers

N.C.G.S. § 14-190.9 addresses several forms of exposure in public settings and on private premises. The required location, audience, and intent differ among its provisions, so the facts must be compared with the specific provision charged.

The statute addresses these settings:

• Exposure in a public place: Subsection (a) makes it a Class 2 misdemeanor to willfully expose private parts in another person’s presence in a public place, subject to statutory exceptions.
• Exposure near private premises: Subsection (a2) assigns the same misdemeanor classification to exposure on another person’s private premises, or close enough to be seen from them, when it occurs in the presence of someone other than a consenting adult and is for sexual arousal or gratification.
• Exposure in another residence: Subsection (a4) applies when an adult exposes private parts in a private residence where the adult doesn’t live while a minor resident is present. The conduct falls within the same misdemeanor class.
• Exposure from a private location: Subsection (a5) covers exposure from a private location with knowing intent to be seen by someone in a public setting. It carries the same classification.

The statute permits breastfeeding in a public or private location where the person is otherwise authorized to be. This exception must be distinguished from prohibited conduct.

When an Indecent Exposure Charge Can Be a Felony

N.C.G.S. § 14-190.9(a1) makes it a Class H felony for an adult to willfully expose private parts in a public place in a minor’s presence for sexual arousal or gratification. The minor’s presence and the claimed sexual intent are central elements, so this provision requires more than a basic allegation of exposure.

The Class H felony offense isn’t a lesser included offense of taking indecent liberties with a child, so both charges can arise from the same alleged conduct. Allegations involving a minor, an asserted sexual purpose, or additional offenses can substantially change the case. The charge printed on initial paperwork can’t replace a full review of the facts, evidence, and applicable statutes.