Larkin Ingrassia Criminal Defense Attorneys | July 10, 2025 | Sex Crimes
If someone exposes themselves in public, they may be charged with a crime in New York. However, state law doesn’t use the exact phrase “indecent exposure.” Instead, these types of acts are usually prosecuted under other charges, most commonly public lewdness or exposure of a person.
These laws may seem straightforward, but they can be more complicated than they appear. A person might face charges for actions they didn’t realize were illegal, or they might be wrongly accused. Continue reading so that you can protect your rights, and contact a defense attorney for a free consultation if you’ve been charged.
What the Law Says About Public Lewdness
The most common charge related to indecent exposure in New York is public lewdness. Under New York Penal Law § 245.00, a person commits public lewdness when they intentionally expose their intimate parts in a public place and do so for the purpose of sexual gratification or to offend or alarm others.
This charge doesn’t apply to accidental exposure or someone changing clothes in a non-public area. To be convicted, the act must be:
- Intentional,
- In public, and
- Sexual in nature or meant to offend others.
This means that a person who exposes themselves in a park or subway could be arrested and charged, even if the incident only lasted a few seconds.
There is also a more serious offense under § 245.03, called public lewdness in the first degree. This charge can apply if someone has a prior conviction or engages in lewd conduct in front of a child.
Exposure of a Person
Another related charge is exposure of a person, listed under Penal Law § 245.01. This law makes it illegal for someone to appear in public with their private parts exposed, even if it’s not done for sexual reasons. However, the law specifically excludes breastfeeding and topless sunbathing by women, which are legal in New York.
This charge is usually considered a violation, so although it is not as serious as a misdemeanor, it can still result in fines and other consequences.
Penalties for Indecent Exposure Charges
The penalties depend on the specific charge and whether the person has a prior record.
Possible consequences include:
- Fines and court fees
- Jail time (especially for repeat offenses)
- A permanent criminal record
- Sex offender registration, in extreme cases
Even if the act seems minor, a conviction can have long-term effects. A criminal record could limit your job opportunities or affect your housing situation. If the charge involves a child, the consequences can be even more severe.
What to Do if You’re Facing Charges
If you’ve been charged with public lewdness or a related offense, it’s important to take it seriously. What may seem like a harmless joke or mistake could have lasting consequences.
Here’s what you should do:
- Do not speak to police without legal counsel: Anything you say could be used against you in court, even if you’re trying to explain or defend yourself.
- Write down what happened: Include the date, time, location, and any witnesses. These details can be helpful when building your defense.
- Hire a criminal defense attorney: An experienced lawyer can help you understand the charges and work to reduce or dismiss them. They may also be able to negotiate a deal that keeps the offense off your record.
The prosecution must prove every element of your charges “beyond a reasonable doubt,” which is the highest standard in the law.
Contact a New York Sex Crimes lawyer at Larkin Ingrassia Criminal Defense Attorneys Today
Indecent exposure charges in New York are more serious than most people think, as even a single conviction could create problems for years to come. If you’ve been accused, don’t wait to seek legal help.
For more information, contact an experienced sex crimes lawyer at Larkin Ingrassia Criminal Defense Attorneys, to schedule a free consultation today. We conveniently serve in 3 locations in New York, including Middletown, Newburgh, and Kingston.
We proudly serve Orange County, Ulster County, and their surrounding areas:
Larkin Ingrassia Criminal Defense Attorneys – Middletown
626 E Main St
Middletown, NY 10940
(845) 566 5345
Larkin Ingrassia Criminal Defense Attorneys – Newburgh
356 Meadow Ave
Newburgh, NY 12550
(845) 566-5345
Larkin Ingrassia Criminal Defense Attorneys – Kingston
233 Fair St Suite #1
Kingston, NY 12401
(845) 566-5345