Is Indecent Exposure a Felony in North Carolina?

In North Carolina, indecent exposure can be either a misdemeanor or a felony, depending on what happened. If you or someone you know is facing these charges in North Carolina, it’s important to understand the difference.

What Are the Indecent Exposure Laws in North Carolina?

North Carolina law (General Statute § 14-190.9) says that indecent exposure happens when someone purposely shows their private parts in public where others can see. Whether it’s a felony or misdemeanor depends on several things like the person’s age, whether children were present, and why the person exposed themselves.

North Carolina takes these cases very seriously when children are involved. The law clearly spells out different situations and the punishments that go with them.

When Is Indecent Exposure a Misdemeanor in North Carolina?

Most often, indecent exposure is charged as a Class 2 misdemeanor in North Carolina. This happens when:

• Someone purposely shows their private parts in a public place where others can see (G.S. § 14-190.9(a))
• Someone exposes themselves on someone else’s private property or where they can be seen from private property, in front of anyone except a consenting adult (G.S. § 14-190.9(a2))
• A person over 18 exposes themselves in someone else’s home where a child lives (G.S. § 14-190.9(a4))
• Someone in a private place exposes themselves intending to be seen by someone in a public place (G.S. § 14-190.9(a5))

These cases are less serious than felony charges, but North Carolina courts still take them seriously. Even misdemeanor convictions can hurt your reputation, job opportunities, and personal relationships.

When Is Indecent Exposure a Felony in North Carolina?

Indecent exposure becomes a Class H felony in North Carolina when all these things happen:

• The person showing themselves is at least 18 years old
• The exposure happens in a public place
• A child under 16 years old sees it
• The purpose was sexual pleasure or excitement

The law clearly states that felony indecent exposure is separate from the crime of “taking indecent liberties with children” (G.S. § 14-202.1). This means a person could be charged with both crimes for the same incident, facing multiple serious penalties.

What Penalties Can You Face for Indecent Exposure in North Carolina?

The consequences vary greatly depending on whether you’re charged with a misdemeanor or felony.

For Class 2 Misdemeanor Indecent Exposure:

• Could face a short jail term (depending on your criminal history)
• Fines (usually not more than $1,000)
• Possible probation with requirements like community service or counseling
• No required sex offender registration (though a judge might order it in some cases)
• A criminal record that can affect jobs, housing, and other opportunities

For Class H Felony Indecent Exposure:

• Might result in a prison sentence (depending on your criminal history)
• Required sex offender registration, usually for at least 30 years
• Long-term damage to your reputation and job prospects
• Restrictions on where you can live or work, including not being allowed near schools, daycare centers, or parks
• Problems getting or keeping custody or visitation with children
• Limits on certain professional licenses and career options
• Regular check-ins with police
• Possible limits on internet and social media use
• Public notification about your offender status

The effects of a felony indecent exposure conviction can follow you for decades, affecting almost every part of your life. This makes getting a good lawyer especially important.

What Are the Exceptions to North Carolina’s Indecent Exposure Laws?

North Carolina law makes some exceptions to indecent exposure rules:

• The law clearly states (G.S. § 14-190.9(b)) that breastfeeding in public is allowed, even if the nipple is exposed. This applies anywhere the mother is allowed to be.
• Exposure in places meant for activities where same-sex exposure is expected (like locker rooms, changing areas, or medical facilities) is not a crime under G.S. § 14-190.9(a).
• The law recognizes the difference between purposely exposing yourself for sexual reasons and accidental exposure. Your intent matters in determining charges.

How Can You Defend Against Indecent Exposure Charges?

A good defense lawyer might use several defenses against indecent exposure charges, including:

• It was an accident (no intent to expose)
• Wrong person identified
• False accusations
• Rights violations during arrest or investigation
• Mental health issues
• No sexual motivation
• Lack of witnesses or not enough evidence

Why Should You Contact a North Carolina Criminal Defense Attorney?

If you’re facing indecent exposure charges in North Carolina, especially felony charges, the consequences can be severe and last a long time. A good criminal defense attorney can:

• Review the evidence against you and find weaknesses in the case
• Check if police followed proper procedures during your arrest
• Identify possible defenses based on intent, witness reliability, or rights violations
• Negotiate for lesser charges or alternative sentences when possible
• Represent you effectively at trial if needed
• Advise you about other consequences beyond just legal penalties
• Protect your rights throughout the legal process
• Potentially help you avoid having to register as a sex offender

Contact a North Carolina Criminal Defense Attorney Today

Don’t face indecent exposure charges alone. Whether it’s a misdemeanor or felony charge, the impact on your life can be huge. An experienced North Carolina criminal defense attorney can help you understand your options and build the strongest possible defense.

Remember that every indecent exposure case is different. The specific details of what happened will determine both the charges and possible defenses available to you. Getting legal help quickly is essential to protecting your rights and future. The sooner you get an attorney involved in your case, the better your chances of a good outcome.

If you or someone close to you has been charged with indecent exposure, it’s important to have an attorney who understands what’s at stake and knows how to fight for your future. At Patrick Roberts Law, Attorney Patrick Roberts has a proven track record of defending clients against these serious accusations. Reach out today to schedule a private consultation.

Posted in Criminal Defense, Criminal Defense Lawyer, Indecent Liberties | No Comments »