Posted On: March 4, 2008 by Baker Associates

Indecent Exposure - Tennessee Law

Tennessee sex crime lawyers realize the consequences that a conviction for a sex crime can have upon your life. There are numerous different sex crimes under Tennessee law, and the differences between the various prohibited conducts can sometimes be slight.
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The crime of indecent exposure closely resembles the crime of public indecency, which will be discussed in a later blog. There are basically three different subsections for the state to prosecute someone for under the indecent exposure statute. The first subsection of the statute encompasses behavior that people would traditionally believe should constitute indecent exposure. According to Tennessee law, A person commits the offense of indecent exposure who:

(A) In a public place, or on the private premises of another, or so near thereto as to be seen from the private premises:

(i) Intentionally:

• Exposes the person's genitals or buttocks to another; or
• Engages in sexual contact or sexual penetration; and

(ii) Reasonably expects that the acts will be viewed by another and the acts:

• Will offend an ordinary viewer; or
• Are for the purpose of sexual arousal and gratification of the defendant. Tenn. Code Ann. § 39-13-511 (2007).

The offense of indecent exposure expands prior law by including acts of sexual contact or sexual penetration in a public place, or on the private premises of another, or where the activity may be seen from the private premises of another.

(B) A less commonly known form of indecent exposure pertains to the following behavior. A person can commit the offense of indecent exposure who knowingly invites, entices or fraudulently induces the child of another into the person's residence for the purpose of attaining sexual arousal or gratification by intentionally engaging in the following conduct in the presence of the child:

• Exposure of such person's genitals, buttocks or female breasts; or
• Masturbation.
• The defendant must be eighteen years of age or older and the child victim must be less than thirteen years of age for this section to apply. Tenn. Code Ann. § 39-13-511 (2007).

(C) A person confined in a penal institution, commits the offense of indecent exposure who with the intent to abuse, torment, harass or embarrass a guard:

• Intentionally exposes the person's genitals or buttocks to the guard; or
• Engages in sexual contact Tenn. Code Ann. § 39-13-511 (2007).

The penalties for indecent exposure can be stiff. Depending upon the circumstances, it might be a felony, or a misdemeanor. If you are charged with indecent exposure under Tennessee law, contact a criminal defense attorney. Our lawyers handle sex crime cases in Knoxville, Sevierville, Newport, Maryville, Dandridge, Morristown, and Johnson City.

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