What You Need to Know About North Carolina Indecent Exposure Laws
It is important to be aware of indecent exposure laws in your state as there can be severe consequences for the crime. Here is everything you need to know about indecent exposure laws in North Carolina.
North Carolina indecent exposure laws prohibit the willful exposure of private parts in public places or in plain view of the general public. The law classifies indecent exposure as a Class 2 misdemeanor. An offense becomes a Class H felony if it is done in the presence of a child under the age of 16. The consequences are more severe for aggravated indecent exposure.
Indecent Exposure Laws in North Carolina
North Carolina General Statutes (N.C.G.S.) Section 14-190.9 prohibits indecent exposure in the following ways.
Any person who willfully exposes their private parts in any public space or in the presence of others is guilty of indecent exposure. Additionally, any person who aids or abets in any such acts or who (as owner, manager, lessee, director, promoter/agent, or in any capacity) hires, leases, or permits the premises to be used for any such act, is guilty of a Class 2 misdemeanor.
Any person at least 18 years old who willfully exposes their private parts in any public space in the presence of any other person under 16 years old to arouse or gratify sexual desire shall be guilty of a Class H felony.
The definition of “private parts” includes male and female genitalia. The law does not consider buttocks as “private parts.” The law allows a woman to breastfeed in any public or private location where she is authorized to be, and the law does not consider a woman’s breast as “private parts.”
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Examples of Indecent Exposure in North Carolina
Here are some examples of indecent exposure offenses in North Carolina:
- A person who urinates in a public place or on private property with other people present
- A person who exposes their genitalia while swimming in a public pool
- A person masturbating in their automobile, but in plain view of other people
A “public place” can be publicly or privately owned. “Public places” include restaurants, parks, stores, roads, public transport, etc.
Consequences of an Indecent Exposure Charge in North Carolina
North Carolina law considers indecent exposure a Class 2 misdemeanor, which is punishable in the following ways:
- Up to 30 days in jail
- Up to $1,000 in fines
- Probation
- Community service
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An indecent exposure offense becomes a Class H felony when it is in the presence of a person under 16 years old and to arouse or gratify sexual desire. A Class H felony is punishable in the following ways:
- Four to 25 months in prison
- Fines
- Community Service
- Lifetime sex offender registration
Based on the North Carolina sentencing grid and sentence range, a person guilty of aggravated indecent exposure may face harsher consequences depending on the presence of prior convictions.
FAQs About North Carolina Indecent Exposure Laws
Will I be charged with indecent exposure for breastfeeding my child in public in North Carolina?
No, a woman can breastfeed in public and private locations as the law does not consider a woman’s breast “private parts.”
Is skinny dipping considered indecent exposure in North Carolina?
Yes, the willful display of nudity in a public space or in front of the general public is unlawful in North Carolina.
What is the difference between indecent exposure and aggravated indecent exposure in North Carolina?
North Carolina law classifies an indecent exposure offense as aggravated when committed in the presence of any person under 16 years old. While most indecent exposure offenses are Class 2 misdemeanors, an aggravated indecent exposure offense is a Class H felony, which carries more severe penalties.
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