Indecent exposure means to illegally expose one’s genitals to others in a public place, often for the purpose of offending victims or for sexual gratification. The laws against indecent exposure vary from state to state. In Missouri, indecent exposure is a sex crime that can come with serious penalties, especially if children are involved.
Missouri’s Indecent Exposure Laws
Missouri law does not specifically mention indecent exposure. Instead, this crime is known as “sexual misconduct.” Sexual misconduct in the first degree is defined in the Revised Statutes of Missouri (RSMo) Section 566.093 as any of the actions:
- Exposing the genitals under circumstances in which the offender knows this conduct is likely to cause affront or alarm.
- Having sexual contact in the presence of a third party under circumstances in which he or she knows this conduct is likely to cause a front or harm.
- Having sexual intercourse or deviate sexual intercourse in a public place in the presence of a third party.
Sexual misconduct of the second degree (RSMo 566.095) is to solicit or request another person to engage in sexual conduct under circumstances in which he or she knows such action is likely to cause affront or alarm.
Indecent Exposure in Front of a Child
Exposure of one’s sexual organs or genitalia in front of a child is an even more severe type of sex crime in Missouri. This falls under “sexual misconduct involving a child” – Revised Statutes of Missouri Section 566.083. A person commits this offense if he or she:
- Exposes his or her genitals to a child less than 15 years of age with knowledge that the conduct is likely to cause affront or alarm to the child.
- Exposes his or her genitals to a child less than 15 years of age for the purpose of sexual arousal or sexual gratification of either party.
- Coerces or induces a child less than 15 years of age to expose the child’s genitals for the purpose of sexual arousal or sexual gratification of either party.
- Coerces or induces a child less than 15 years of age to expose the breasts of a female child through the internet or other electronic means for the purpose of sexual arousal or sexual gratification of either party.
It is not a defense to the sex crimes listed in this statute if the other person was a peace officer masquerading as a minor.
Penalties for Indecent Exposure in Missouri
The penalties for indecent exposure or sexual misconduct in Missouri depend on the severity of the crime and the classification of the offense. Exposure of genitals in front of children is penalized the harshest. The consequences of these crimes are as follows:
- First-degree sexual misconduct: a class B misdemeanor, unless the person has a previous offense, in which case it is a class A misdemeanor. The penalties are a fine of $500 to $1,000 and jail time for six months to one year.
- Second-degree sexual misconduct: class C misdemeanor. The penalties for second-degree indecent exposure include up to $300 in fines and jail for up to 15 days.
- Sexual misconduct involving a child: class E felony for a first offense, enhanced to a class D felony for a second offense. Penalties include a fine of $5,000 to $10,000 and imprisonment for one to four years.
In addition to criminal charges, someone who is guilty of indecent exposure could face civil penalties. Victims who were alarmed, affronted or harmed by someone exposing themselves in a public place may file civil lawsuits for sexual assault. Survivors of these sex crimes could be eligible for financial compensation for their therapy costs, lost wages and other damages.