Indecent Exposure – NRS 201.220

Overview

Indecent exposure, as defined under Nevada Revised Statute (NRS) 201.220, involves the intentional exposure of one’s private parts in public or in a setting where others are likely to be offended or alarmed. This statute is designed to protect public decency and prevent lewd or offensive behavior in public spaces. A conviction for indecent exposure can have serious legal and social consequences, including imprisonment, fines, and mandatory registration as a sex offender. Understanding the elements of this offense and potential defenses is crucial for anyone facing such charges. Attorney Josh Tomsheck of Hofland & Tomsheck is an experienced criminal defense lawyer who can provide effective legal representation for those accused of indecent exposure in Las Vegas and throughout Nevada.

Definition of Indecent Exposure

Under NRS 201.220, “indecent exposure” refers to the willful and intentional exposure of a person’s genitalia or other private parts in a public place or in a situation where it is likely to offend or alarm others. Key components of this statute include:

1. Intentional Exposure: The exposure must be done willfully and with the intent to expose one’s private parts. Accidental exposure or exposure that occurs without the intent to offend or alarm may not meet the legal standard for indecent exposure.
2. Public or Observable Setting: The exposure must occur in a public place or in a setting where others are likely to see it, such as in a park, on the street, or through a window visible to the public.
3. Likelihood of Offense: The exposure must be of a nature that would likely cause offense, alarm, or distress to those who witness it.

Legal Requirements for Prosecution

To secure a conviction for indecent exposure under NRS 201.220, the prosecution must prove the following elements beyond a reasonable doubt:

1. Willful and Intentional Conduct: The accused must have willfully and intentionally exposed their genitalia or other private parts.
2. Public Setting or Presence of Others: The exposure must have occurred in a public place or in a situation where others were present or likely to be present.
3. Offensive Nature: The conduct must be such that it would likely offend or alarm a reasonable person who observed it.

Related Offenses

Indecent exposure charges are often related to or accompanied by other criminal offenses, depending on the circumstances. Understanding these related charges is essential, as they may be charged alongside or in lieu of indecent exposure:

• Lewdness with a Child – NRS 201.230: If the exposure involves a minor under the age of 16, additional charges of lewdness with a child can be brought, leading to much more severe penalties.
• Open or Gross Lewdness – NRS 201.210: This offense involves any open and grossly lewd act committed in public, which may include indecent exposure but also covers other sexually explicit behavior.
• Disorderly Conduct – NRS 203.010: If the exposure leads to a disturbance or public nuisance, the accused may also face charges of disorderly conduct.

Examples of Indecent Exposure Offenses

To illustrate how NRS 201.220 is applied, consider the following examples:

• Example 1: A person is found urinating in public, exposing their genitalia in an area where others are present or could easily observe them. This act could lead to charges of indecent exposure under NRS 201.220.
• Example 2: An individual is seen flashing their private parts to passersby on a busy street. Despite not making physical contact with anyone, this behavior could result in a conviction for indecent exposure.

Penalties for Indecent Exposure

The penalties for committing indecent exposure under NRS 201.220 are severe and can have long-lasting consequences on the accused’s life. The offense is typically classified as a gross misdemeanor for a first offense but can be elevated to a felony for repeat offenses:

• Gross Misdemeanor (First Offense):
  • Imprisonment: Up to 364 days in county jail.
  • Fines: Up to $2,000.
• Category D Felony (Subsequent Offenses):
  • Imprisonment: 1 to 4 years in the Nevada Department of Corrections.
  • Fines: Up to $5,000.
• Sex Offender Registration: Conviction for indecent exposure often requires mandatory registration as a sex offender, which can have significant social and legal implications, including restrictions on where the individual can live and work.

Defenses Against Indecent Exposure Charges

If you are facing charges for indecent exposure under NRS 201.220, several defenses may be applicable depending on the circumstances of your case. Attorney Josh Tomsheck can evaluate your situation and develop a defense strategy tailored to your needs. Common defenses include:

1. Lack of Intent: Demonstrating that the accused did not intend to expose themselves or offend others can be a strong defense. If the exposure was accidental or occurred under circumstances where there was no intent to be observed, this could mitigate liability.
2. Insufficient Evidence: If the prosecution cannot provide sufficient evidence to prove that the exposure occurred or that it was intentional, the charges may be dismissed.
3. Lack of Witnesses or Observers: If no one actually saw the alleged exposure or if the exposure occurred in a private setting where no one was likely to be present, this could be used as a defense.
4. Mental Health or Medical Condition: In some cases, a medical condition or mental health issue may explain the conduct. For example, individuals with certain psychological conditions may not have been aware of their actions or the consequences.

The Importance of Legal Representation

Navigating the complexities of indecent exposure charges requires experienced legal representation. Attorney Josh Tomsheck is a board-certified criminal trial attorney and a registered specialist in criminal trial law with the State Bar of Nevada. His extensive experience in handling sensitive and complex criminal cases equips him to provide a robust defense against charges under NRS 201.220.

As a Life Member of the National Association of Criminal Defense Lawyers and a Mountain States Super Lawyer, Josh has a proven record of achieving favorable outcomes, including numerous dismissals and acquittals at trial. His commitment to protecting the rights of his clients and his deep understanding of Nevada’s legal landscape make him a formidable advocate in cases involving indecent exposure.

Understanding Your Rights

If you are accused of indecent exposure, understanding your rights is crucial. Having experienced legal representation can help ensure that you navigate the legal process effectively and protect your interests. Attorney Josh Tomsheck and the team at Hofland & Tomsheck are dedicated to providing aggressive and knowledgeable defense strategies tailored to your case.

Contact Josh Tomsheck Today

For more information about defending against indecent exposure charges under NRS 201.220 in Las Vegas or anywhere in Nevada, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today to discuss your case and explore your legal options. Don’t leave your future to chance—let us help you protect your rights and achieve the best possible outcome.