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Being accused of indecent exposure can turn an ordinary day into a legal emergency. Understanding exactly “what is indecent exposure in Louisiana” is the first step to protecting yourself when the stakes involve your freedom, reputation, and future. At The Law Offices of Ossie Brown, our Baton Rouge legal team represents clients throughout East Baton Rouge Parish and surrounding communities facing indecent exposure charges that could affect their employment, relationships, and standing in the community.
If you or someone you care about is in this situation, call (225) 343-1111 or contact us online to arrange a confidential consultation with an indecent exposure defense attorney. Taking action immediately gives you the best chance to address the allegations head-on and move forward with your life.
What is Considered Indecent Exposure in Louisiana?
Under Louisiana law, indecent exposure refers to the intentional display of human genital organs or other intimate areas in a public place, in the presence of one or more persons, in an indecent manner. The conduct typically connects to arousing sexual desire or performing a sexual act that is specifically defined as inappropriate for public settings. The audience can be of the same or opposite sex and may include adults or minors in view.
The concept reaches beyond street corners or parks. An indecent act can occur in a parking lot, a public bathroom, a bar, a theater, or inside a vehicle when the display is visible from outside. Public nudity coupled with apparent sexual stimulation can be considered indecent exposure when the facts show behavior aimed at sexual arousal or shock. Louisiana’s respective meanings defined in its uniform obscenity legislation address conduct that simulates ultimate sexual acts, actual ultimate sexual acts, hard-core sexual conduct, and simulated patently offensive acts.
In some cases, the material involved extends beyond the body to displays of sexually explicit materials, such as obscene material, or acts depicting sadistic conduct. The law also reaches animated ultimate sexual acts and such material exhibited to the public in a way that meets statutory elements. When evaluating an arrest, courts examine context, intent, location, visibility, and whether the conduct or display fits these definitions under indecent exposure laws.
Indecent Exposure Laws: Louisiana
Louisiana indecent exposure laws are part of the state’s rules on public indecency, conduct prohibited, and the public display or distribution of obscene material. The law appears in Louisiana Revised Statutes § 14:106, which explains what counts as obscene and identifies acts that are against the law.
To convict someone of indecent exposure, the state must prove an act prohibited occurred, such as showing human genital organs or conduct that looks like actual ultimate sexual acts, hard core sexual conduct, or other behavior that an average human being would find offensive. The circumstances must suggest the intent to satisfy sexual desire or to cause arousing sexual desire. If there is no such determination by the court regarding intent, the prosecution may fail to meet its burden of proof.
Charges can also involve exhibiting obscene material, simulated patently offensive acts, or violent material. Situations may include a theatre or bookstore acting outside what the law allows, a law enforcement agency acting undercover, or law enforcement pursuant to a search warrant that identifies the material involved.
The statute was written to promote uniform obscenity legislation, so the same standards apply statewide. The respective meanings defined in § 14:106 include animated ultimate sexual acts, such obscene material, acts depicting sadistic conduct, and prohibitions tied to sexually oriented language. These definitions guide courts in deciding what is considered indecent exposure.
If an employee is arrested while working in a theater or bookstore, the employer must reimburse such employee for attorney’s fees and defense costs. Such fees and expenses may be fixed by the court exercising criminal jurisdiction after a contradictory such hearing or by ordinary civil process. This process may also involve such notice to the parties and, if contested, resolution through such appeal. The law also reaches investigations that may focus on such purchaser of prohibited content and restrictions related to such premises where minors are present.
The law applies to such person regardless of age or marital status, with criminal prosecution notwithstanding these factors. If the evidence shows the conduct meets the statutory definition, charges can move forward.
Indecent Exposure vs. Public Indecency
In Louisiana, public indecency and indecent exposure are distinct offenses, though both involve sexual or lewd conduct in public settings. The main difference lies in the nature of the conduct. Indecent exposure focuses on the visual display of intimate areas or actions that simulate ultimate sexual acts, making the display itself the central element of the crime. Public indecency, on the other hand, encompasses a wider range of sexual or lewd acts that take place in public, even if there is no direct visual exposure of intimate areas.
Conduct That May Be Indecent Exposure:
- Intentionally showing human genital organs in public with the intent to satisfy sexual desire or cause arousing sexual desire
- Public nudity, such as skinny dipping, where others can see intimate areas
- Performing acts in public that simulate actual ultimate sexual acts or hard core sexual conduct
- Engaging in behavior that becomes an indecent act in an indecent manner when others are present
Conduct That May Be Public Indecency:
- Urinating in a public place without sexual intent
- Lewd or sexual behavior in public that does not involve direct visual exposure of intimate areas
- Similar physical contact in public that is sexual in nature, but does not meet the statutory definition of indecent exposure
- Sexual acts in public that fit within Louisiana’s public indecency statutes, but are not specifically indecent exposure
The key distinction is that indecent exposure requires visual display or simulated sexual activity. At the same time, public indecency can include a broader range of inappropriate acts in public, even if intimate areas are not exposed.
Indecent Exposure Punishments in Louisiana
Penalties for indecent exposure in Louisiana depend on the circumstances of the incident that occurred and any prior convictions. A first offense can bring jail time, fines, mandatory counseling, and, in some cases, sex offender registration. A third or subsequent conviction may mean longer prison terms, higher fines, and permanent registration as a sex offender, which restricts access to recognized and established schools, quasi-governmental sponsored organizations, and national or regional denomination institutions.
Convictions can also require payment of registration fees and may be handled in a court exercising criminal jurisdiction at the parish or municipal level. Employment may be affected if someone works near premises where minors are present. These consequences apply regardless of a defendant’s financial interest in the property, making immediate legal representation essential when facing indecent exposure charges. If you are in this situation, contact a Baton Rouge sex crimes lawyer immediately to protect your rights and build a strong defense.
How To Beat an Indecent Exposure Charge in Baton Rouge, LA
Defending indecent exposure charges starts with examining every detail, from where the incident occurred to what the evidence shows about intent. Common defense strategies include:
- Showing the act was accidental or lacked intent
- Proving the conduct was not explicitly defined as illegal
- Questioning the credibility of witnesses and any recordings
- Establishing that the conduct did not occur in a public place or was not visible to one or more persons
- For digital communications involving electronic mail, a personal digital assistant, or a substantially similar wireless device, investigating whether the same material was sent without intent for ensuing commercial gain or to promote sexually violent material
Our defense also addresses procedural problems and examines whether law enforcement gathered evidence legally. At The Law Offices of Ossie Brown, our Baton Rouge lawyers build defenses tailored to the facts, determine actual intent, and fight to protect your future.
Indecent Exposure FAQs
Is Indecent Exposure a Felony in Louisiana?
Indecent exposure may be charged as a misdemeanor or felony. Factors include prior convictions, the alleged offender’s sex crime history, and whether the conduct prohibited occurred in front of minors. Repeat offenses, a court’s finding of intent, or involvement of sexually violent material can raise the charge to a felony.
Can You Be Charged With Indecent Exposure in Your Own Home?
Yes. If the incident occurred in a place visible to one or more persons outside, such as through an open window or on a balcony, it can be considered indecent exposure. Courts weigh the physical characteristics of the location and whether a district court, according to Louisiana law, finds the act meets the definition.
Do You Have to Register as a Sex Offender for Indecent Exposure in Louisiana?
In some cases, especially those involving minors, a conviction may require sex offender registration. This can include complying with regulatory prohibitions contained in Louisiana law and restrictions related to such organizations, consolidated city-parish governments, and ordinary civil process requirements. Understanding the sex offender registration requirements in Louisiana is critical, as noncompliance can lead to additional criminal charges and extended legal consequences.
Contact a Baton Rouge Indecent Exposure Lawyer at The Law Offices of Ossie Brown Today
If you are facing indecent exposure charges in Baton Rouge or surrounding parishes, the decisions you make now can affect your freedom, career, and reputation for years to come. At The Law Offices of Ossie Brown, we represent clients in cases involving public nudity, the alleged display of sexually explicit materials, or possession and distribution of obscene material.
Our Baton Rouge criminal defense attorneys prepare every case with the seriousness it deserves. We challenge the prosecution’s evidence, expose weaknesses in witness statements, and hold the state to its burden of proof. Whether your case is handled in a court exercising criminal jurisdiction at the parish or municipal level, our focus remains the same: protect your rights, limit the damage to your life, and work toward the best possible outcome.
Call (225) 343-1111 or contact us online now to schedule your confidential consultation. The sooner you act, the stronger your defense can be.