Las Vegas may be called Sin City, but residents and tourists alike can take the spirit of going wild too far. It’s important to know that you can be arrested and charged with a crime if you expose yourself in public. Indecent exposure charges can arise from flashing private parts as a prank, using the bathroom in public, or having sex in public, among other acts. Being charged with any sex crime could result in significant penalties and other consequences that may follow you for years to come. An indecent exposure lawyer at Adras & Altig can review your case and discuss potential defenses if you’ve been accused of violating Nevada indecent exposure laws.
When you hire us, you can rest assured our law firm will fight aggressively for the best possible outcome for your case. As an Adras & Altig client, you will also benefit from our team approach and years of combined expertise. Contact Adras & Altig, Attorneys at Law today for a free consultation with a trusted indecent exposure attorney.
What Is Indecent Exposure in Nevada?
In Nevada, indecent exposure occurs when a person makes an open, obscene exposure of specific body parts, typically the genitals or the anus. Exposure of buttocks or female breasts is not considered indecent exposure, according to Nevada Supreme Court precedent. In addition, breastfeeding a child in public is not regarded as indecent exposure.
Examples of behavior that can lead to an indecent exposure charge include:
- Flashing
- Streaking
- Public exhibitionism or nudity
- Urinating or defecating in public
- Engaging in sexual activity in public
In general, if there was a possibility that someone could have witnessed a person exposing themselves in public, then the act can be prosecuted as indecent exposure.
Penalties for Indecent Exposure Charges
A first-time conviction for indecent exposure in Nevada is graded as a gross misdemeanor offense.
However, a second and subsequent conviction for indecent exposure is graded as a category D felony. A person may also be charged with a category D felony for indecent exposure if they have prior convictions for any other type of sexual offense, including:
- First-degree murder committed during the perpetration of sexual assault, abuse, or molestation of a child under the age of 14
- Sexual assault
- Statutory sexual seduction
- Battery with intent to commit sexual assault
- Administration of drugs with the intent to commit sexual assault
- Sexual abuse or sexual exploitation of a child
- Child pornography
- Incest
- Gross or open lewdness
- Lewdness with a child
- Sexual penetration of a dead body
- Sexual contact between a school or university employee and a student
- Luring a child or a person with a mental illness for sexual purposes
- Sex trafficking
Finally, indecent exposure committed by an offender aged 18 or older in the presence of a child or a vulnerable person can be charged with a category D felony as well.
A gross misdemeanor conviction carries a maximum penalty of up to 364 days in prison and/or a fine of up to $2,000. A category D felony conviction is punishable by one to four years imprisonment and/or a fine of up to $5,000.
Defenses Against Indecent Exposure Charges
An experienced attorney can identify the best indecent exposure defense for your case. Possible factual or legal defenses may include:
- Mistaken identity – In large crowds, law enforcement may mistakenly arrest the wrong person for indecent exposure.
- False accusation – A person may be falsely accused of indecent exposure, either as a prank or out of malice or revenge.
- Genitalia or anus not exposed – Someone wearing skimpy clothing or swimwear may be arrested for indecent exposure. However, indecent exposure is not a valid charge as long as the attire covers the genitalia and anus.
- Lawful exposure – Strippers with work cards may expose their genitalia and anus in licensed strip clubs in Nevada.
- Accidental exposure – Prosecutors usually do not press indecent exposure charges for accidental exposure, such as if a person suffers a wardrobe malfunction or someone pulls off another person’s clothing. However, if a person removes another’s clothes to expose them, the person who committed the act can be charged with indecent exposure, as the statute also outlaws exposing another person’s body.
No one deserves an indecent exposure penalty if they are not guilty of the crime. A proven attorney from Adras & Altig can discuss how to beat an indecent exposure charge with you after reviewing the facts of your case.
Do I Have to Register as a Sex Offender After Being Charged with Indecent Exposure in Nevada?
Indecent exposure is considered a sex crime. That means convicted defendants must register as sex offenders.
For an indecent exposure conviction graded as a gross misdemeanor, a convicted person must register as a Tier I sex offender under Nevada’s sex offender registration system. A Tier I sex offender must maintain their registration for 15 years, including an annual in-person check-in with law enforcement. However, Tier I sex offenders do not show up in public searches of the sex offender registry unless their offense involves a child victim.
A second or subsequent indecent exposure conviction graded as a category D felony will require a convicted defendant to register as a Tier II sex offender. Tier II sex offenders do show up in public searches of the sex offender registry, and offenders are required to maintain their registration for 25 years, including in-person check-ins with law enforcement every 180 days.
Contact Our Indecent Exposure Defense Lawyers in Las Vegas, NV Today
Don’t leave your freedom and future up to chance. Contact Adras & Altig today for a free consultation if you’re facing charges of indecent exposure. We evaluate your case for free and discuss how our Las Vegas criminal defense attorneys could help protect your rights and seek the best possible results for you.
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At Adras & Altig, we believe that every client we work with deserves a fresh start. Our dedicated Las Vegas criminal defense attorneys take the time to get to know you so we can understand the circumstances surrounding your arrest.