Indiana has a number of laws that relate to what parts of the human body may not be displayed in public and in what context. It also has laws about what body parts may not be displayed even if they are covered. Here are some of them:
- Public Indecency. This law applies in public places, and prohibits having sex or sexual contact, being nude with the intent to arouse yourself or someone else, or touching your or someone else’s genitals. It’s a Class A misdemeanor.
- Indecent Exposure. This prohibits the same types of conduct that are considered public indecency but applies “in a place other than a public place.” It also includes the additional requirements that the person involved must intend to be seen by people outside of that non-public space, and that they were actually seen by those people. This is a Class C misdemeanor.
- Public Nudity. This prohibits being nude someplace public, but outside of the situation where you intend to arouse yourself or someone else. The penalty level depends on whether it’s simply in a public place (Class C misdemeanor), in a public place with intent to be seen by someone else (Class B misdemeanor), or in a public park, on school grounds, or on Department of Natural Resources property (Class A misdemeanor or a Class 6 felony, depending on where the person is).
What Does “Nudity” Mean?
There are differing definitions of nudity for males and females.
- Male nudity: the “genitals, pubic area, or buttocks” in an uncovered state or with “less than a fully opaque covering.”
- Female nudity: same as for males, plus the “showing of the female breast with less than a fully opaque covering of any part of the nipple.”
- Special situations:
- If male genitals are in a “discernibly turgid state,” then that qualifies as “nudity” even if they are covered.
- Indiana has enshrined the right of a woman to “breastfeed her child anywhere the woman has a right to be.”
Razumich & Associates Can Defend You Against Public Indecency Charges
People, including police, can react very strongly when it comes to public nudity or indecency. There is a tendency to connect any sort of public nudity with sex crimes, though there is little if any scientific support for that proposition. That said, facing charges of public nudity or indecent exposure can be stressful. But there are often defenses to these, particularly for charges of indecent exposure – which requires prosecutors to prove that the defendant intended to be seen even though they were in a private location.
Reach out to Razumich & Associates to discuss your case with one of our experienced criminal defense attorneys. You can call us at 317-983-5333 or contact us online.
