Indecent exposure in Massachusetts is defined as an intentional act of lewd exposure, offensive to one or more persons, and specifically involves the exposure of genitalia. As a misdemeanor offense, it carries potential penalties of up to six months in jail and/or a fine, but does not require sex offender registration upon conviction. (Massachusetts General Law C. 272 s 53)
What is Indecent Exposure in Massachusetts?
Indecent exposure in Massachusetts is governed by Massachusetts General Laws Chapter 272, Section 53, although the statute itself does not provide a specific definition. Massachusetts courts have interpreted indecent exposure as “an intentional act of lewd exposure, offensive to one or more persons”.
To secure a conviction, prosecutors must prove three key elements beyond a reasonable doubt: the defendant exposed their genitals to one or more people, did so intentionally, and the act caused actual offense.
Importantly, the law applies only to the exposure of genitalia, not to the general genital area, pubic hair, buttocks, or female breasts. The offense does not require the act to occur in a public place or in the presence of multiple people; exposure to a single person in a private setting can still constitute indecent exposure.
Examples of Indecent Exposure
Examples of indecent exposure in Massachusetts can include public urination, masturbation in public settings (even if inside a private vehicle or home), and intentional exposure of genitalia in view of others. While minor public sexual acts may fall under this category, it’s important to note that the exposure must be intentional and cause offense to at least one person. Inadvertent exposure, such as accidental nudity in a hotel room or private residence, typically does not qualify as indecent exposure. Additionally, breastfeeding is explicitly not considered indecent exposure under Massachusetts law.
Indecent Exposure Penalties
Indecent exposure in Massachusetts carries penalties of up to 6 months in jail and/or a fine of up to $200. While jail time is possible, first-time offenders often receive probation or a continuance without a finding (CWOF) rather than incarceration.
However, the consequences extend beyond legal penalties. A conviction for indecent exposure can result in a criminal record, which may negatively impact employment opportunities, housing applications, and educational prospects. Although indecent exposure does not require sex offender registration in Massachusetts, the social stigma associated with such a charge can be significant.
In cases where the conduct is deemed more serious or “aggravated,” the offense may be elevated to “open and gross lewdness,” which carries harsher penalties of up to 3 years in state prison and a fine of up to $300.
Legal Defenses
Defenses against indecent exposure charges in Massachusetts typically focus on challenging the key elements of the offense. Common strategies include arguing lack of intent, asserting that no actual offense was caused, or demonstrating that the exposure was accidental or unintentional. For instance, a defense may argue that a wardrobe malfunction or inadvertent exposure while changing clothes does not constitute indecent exposure. Additionally, if the exposed body part was not genitalia (e.g., buttocks or female breasts), this could form the basis of a defense, as Massachusetts law specifically requires genital exposure.
In cases of public urination, defendants may argue necessity or lack of lewd intent. Ultimately, the strength of any defense depends on the specific circumstances of the case and the available evidence.
Impact on Criminal Record
An indecent exposure conviction in Massachusetts can have significant long-term consequences on an individual’s criminal record. While not requiring sex offender registration, the conviction remains visible on background checks, potentially impacting future employment, housing, and educational opportunities. Even if jail time is avoided, having this offense on one’s record can be highly stigmatizing due to its classification as a sex-related crime.
To mitigate these effects, individuals may seek to have the incident sealed, preventing it from appearing in standard background checks. Given these serious repercussions, it is advisable for those charged with indecent exposure to consult with an experienced criminal defense attorney to explore options for avoiding conviction or minimizing the impact on their record.
Sex Offender Registration
In Massachusetts, a conviction for indecent exposure does not require sex offender registration. However, more serious sex offenses do mandate registration with the Massachusetts Sex Offender Registry Board (SORB). Offenders are classified into three levels based on their risk of re-offending and the degree of danger they pose to the public: Level I (low risk), Level II (moderate risk), and Level III (high risk). Registration requirements include providing personal information, updating addresses, and potentially facing restrictions on where offenders can live or work. The duration of registration varies, with some offenders required to register for 20 years and others for life, depending on the nature and number of offenses. Importantly, the Massachusetts Supreme Judicial Court has ruled that offenders must have the opportunity to challenge their obligation to register and their classification level, emphasizing due process rights in the registration system.
Indecent Exposure FAQs
What is the statute of limitations for Indecent Exposure?
The statute of limitations is 6 years.
Does a conviction for Indecent Exposure require registration of the Sex Offender Registry?
No. A conviction does not require sex offender registration.
Massachusetts Criminal Lawyer
Patrick T. Donovan provides the best criminal defense for indecent exposure charges. Patrick Donovan is a Massachusetts Criminal Attorney. He has represented many people charged with felonies or misdemeanors in Massachusetts. The Law Office of Patrick T. Donovan fights for the best possible outcome for each and every one of our clients.
Patrick Donovan is a former Assistant District Attorney. He uses that training and experience for his clients.
