October 11, 2024 | Sex Crimes
Understanding Kentucky’s specific indecent exposure laws is crucial for any criminal defendant facing these charges. Being informed about these laws can help defendants understand the charges against them and identify potential legal defenses.
What is Indecent Exposure?
In the state of Kentucky, indecent exposure refers to the act of intentionally exposing one’s genitals in a public setting, typically for the purpose of achieving sexual arousal or causing alarm to others. This offense remains actionable even if it occurs as a prank, as it is still considered a criminal act under the law. This crime is further broken down into two levels:
First-Degree Indecent Exposure
Indecent exposure in the first degree occurs when an individual knowingly exposes their genitals to a person under the age of 18 in a manner that may cause distress or fear. The involvement of a minor elevates the seriousness of the offense, subjecting the offender to more severe legal repercussions.
Second-Degree Indecent Exposure
The act qualifies as second-degree indecent exposure when an individual knowingly exposes their genitals to an adult aged 18 or older, with the awareness that it might lead to shock or concern. It is important to note that the law specifically pertains to the exposure of genitals and does not include the exposure of a woman’s breasts.
Penalties for Indecent Exposure in Kentucky
The state imposes strict penalties for indecent exposure offenses, with the severity of consequences escalating based on the frequency and context of the violations.
Penalties for First-Degree Indecent Exposure
For a first-degree indecent exposure conviction, possible penalties include the following:
- First Offense: Classified as a Class B misdemeanor, this offense can result in imprisonment for up to 90 days and/or a monetary fine reaching up to $250.
- Second Offense: If the second occurrence happens within three years of the initial conviction, it becomes a Class A misdemeanor. The potential consequences are serious, including imprisonment for up to 12 months and/or a fine of up to $500.
- Third Offense: A third conviction within three years escalates the charge to a Class D felony. Such a conviction carries a possible sentence of one to five years of imprisonment and/or a financial penalty varying between $1,000 and $10,000.
- Subsequent Offenses: Any further offenses, if committed within three years of the last conviction, remain Classified as a Class D felony, with similar outcomes: one to five years in prison and fines between $1,000 and $10,000.
In Kentucky, an offender who is convicted of indecent exposure is required to register as a sex offender.
Penalties for Second-Degree Indecent Exposure
Second-degree indecent exposure is considered a class B misdemeanor. If a defendant is convicted, the potential penalties include 90 days in jail and a fine of up to $250. Each conviction for second-degree indecent exposure has the same penalty.
Legal Defenses to Indecent Exposure Charges
When facing charges of indecent exposure, several legal defenses can be used to contest the allegations and potentially secure a not-guilty verdict.
Accident
One possible defense is that the act was accidental. The defense can argue that the exposure was unintentional, perhaps due to a wardrobe malfunction or another unforeseen circumstance that led to the incident without any intent to offend.
Unaware of Defendant’s Age
Another defense tactic is asserting that the defendant was unaware of the age of others present during the incident. If the prosecution cannot prove that the defendant knowingly exposed themselves in the presence of minors, this could mitigate the severity of the charges and lead to less serious penalties.
Insufficient Evidence
The defense can challenge the credibility and sufficiency of the evidence. By questioning witness testimonies, the accuracy of surveillance footage, or the consistency of the prosecution’s narrative, the defense could argue that the evidence fails to meet the legal burden required for a conviction.
Facing indecent exposure charges requires a strategic legal approach to fight back against these charges. For help, contact us today to schedule a free consultation with a Louisville sex crimes lawyer.
Contact the Louisville Sex Crimes Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today
For more information, contact the sex crimes attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (502) 371-7000 or visit us at our Louisville Law Office.
Suhre & Associates DUI and Criminal Defense Lawyers – Louisville
214 Clay Street, Suite A
Louisville, KY 40202
United States
