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WHAT IS INDECENT EXPOSURE IN NEVADA?
Indecent exposure is the intentional exposure of one's genitals in a public place or in the presence of others who would be offended or annoyed by such exposure.
WHAT THE PROSECUTION MUST PROVE
To convict you of Indecent Exposure in Nevada, the prosecution must prove each of the following elements beyond a reasonable doubt:
The defendant intentionally exposed their genitals
The exposure occurred in a public place or in the presence of others
The exposure would offend or annoy a reasonable person
If the prosecution cannot prove any single element beyond a reasonable doubt, you cannot be convicted.
PENALTIES FOR INDECENT EXPOSURE IN NEVADA
First Offense
Misdemeanor. Up to 6 months in jail and/or up to $1,000 fine.
Second or Subsequent Offense
Gross misdemeanor. Up to 364 days in jail.
In Presence of Minor Under 16
Category D felony. 1 to 4 years in prison. Sex offender registration may be required.
THOMAS'S DEFENSE TIPS
Insights from Thomas Boley — Las Vegas criminal defense attorney with 18+ years defending indecent exposure charges
Context matters significantly in indecent exposure cases. Public nudity at a clothing-optional venue or accidental wardrobe malfunctions are very different from intentional exposure.
The presence of a minor dramatically escalates the charge from a misdemeanor to a felony. If a minor was present, this must be aggressively contested.
The above represents general observations from years of criminal defense practice in Nevada. Every case is different — contact Thomas for advice specific to your situation.
COMMON DEFENSES TO INDECENT EXPOSURE
Every case is unique, but these are the defenses most commonly raised in indecent exposure cases in Nevada:
No intentional exposure — accidental
Not in a public place or presence of others
No reasonable person would be offended
False accusation