Offenses such as Lewdness and Indecent Exposure may not carry the heaviest penalties; however, consequences of these types of convictions can still have a long lasting effect on a person’s life. Repeated offenses may result in required registry as a sex offender. Also, fines and jail time are real possibilities for these types of offenses.
An experienced criminal defense attorney can work with you to find the best options for your circumstances.
Lewdness and Indecent Exposure Defense Attorney
Allegations of lewdness or indecent exposure in Utah can have long-lasting effects on your reputation, career, and personal life. Even if the alleged act was misunderstood, exaggerated, or taken out of context, these charges are treated seriously by prosecutors and the public alike. In some cases, a conviction may require mandatory sex offender registration, a consequence that can follow you for years, even after serving your sentence.
If you have been accused of lewdness or indecent exposure, you need an experienced criminal defense attorney to protect your rights and work toward the best possible outcome.
Susanne Gustin, Attorney at Law has decades of experience defending clients against sex crime allegations in Utah. Contact our office today at (801) 243-2814 for a confidential consultation.
Information Center
Lewdness and Indecent Exposure Under Utah Law
Lewdness — Utah Code § 76-9-702
Lewdness occurs when a person engages in sexual conduct in a public place, or in a private place under circumstances where they should know they will likely be observed by someone who would be offended or alarmed. This includes acts such as:
- Exposing genitals, buttocks, or female breasts
- Touching oneself or another in a sexual manner
- Engaging in sexual acts in view of others
Lewdness can be charged as a class B misdemeanor, but if the accused is over 16 and the alleged victim is a child, charges can be elevated to a class A misdemeanor or higher.
Lewdness Involving a Child — Utah Code § 76-9-702.5
When lewd conduct is directed toward or observed by a child under 14, the offense is treated more severely. This can result in felony charges and mandatory sex offender registration.
Indecent Exposure — Utah Code § 76-9-702.7
Indecent exposure involves intentionally exposing one’s genitals under circumstances likely to cause offense or alarm. It may also include masturbating in public. Penalties increase if the offense is committed in the presence of a child.
Penalties for Lewdness and Indecent Exposure in Utah
Penalties depend on the nature of the act, prior criminal history, and whether a minor was involved. They may include:
- Class B Misdemeanor – Up to 6 months in jail and a fine of up to $1,000
- Class A Misdemeanor – Up to 1 year in jail and a fine of up to $2,500
- Third-Degree Felony (if prior convictions or child victims are involved) – Up to 5 years in prison and a fine of up to $5,000
Sex Offender Registration Requirements
One of the most severe consequences of a conviction is the possibility of being placed on Utah’s Sex Offender Registry.
- Mandatory Registration — Lewdness involving a child and certain indecent exposure convictions require registration for 10 years to life depending on the charge.
- Impact of Registration — Being on the registry can restrict where you live, where you work, your ability to travel, and even limit access to certain educational institutions.
- Public Access — The registry is public in Utah, meaning employers, neighbors, and others can easily see your information.
Defenses to Lewdness and Indecent Exposure Charges
Lack of Intent – The law requires that the accused intentionally engaged in the alleged conduct. If exposure or contact was accidental, for example, a wardrobe malfunction or an unintentional incident at a public pool, the required mental state is not met.
Mistaken Identity – In public spaces, especially crowded or poorly lit areas, misidentification is possible. Witness accounts can be unreliable, and surveillance footage or alibis may prove the accused was not the person involved.
False Allegations – Sometimes accusations stem from misunderstandings, personal disputes, or attempts to damage someone’s reputation. Demonstrating a motive for false reporting can be a strong defense.
Insufficient Evidence – Without reliable eyewitness testimony, video footage, or physical evidence, prosecutors may not be able to meet the burden of proof beyond a reasonable doubt.
How These Cases Can Affect Defendants
Lewdness and indecent exposure cases often hinge on subjective perceptions of offense and intent, making them unique compared to other criminal charges. A brief misunderstanding can lead to life-changing allegations. Unlike many other crimes, community stigma can be as damaging as legal penalties.
For defendants, especially those accused for the first time:
- Social Fallout – Employers, schools, and social circles may take immediate action based on accusations alone.
- Collateral Consequences – Conviction can affect professional licensing, military service eligibility, and housing options.
- Mitigation Opportunities – In some cases, alternative sentencing, counseling programs, or plea negotiations can help avoid sex offender registration.
Key Elements a Jury Considers in Lewdness/Indecent Exposure Cases
Proof of Intent – Jurors must be convinced beyond a reasonable doubt that the accused intentionally engaged in the conduct. Accidental exposure does not meet the statutory requirement.
Awareness of Likely Reaction – The State must show that the accused knew, or should have known, that the conduct would cause offense or alarm. Context matters, conduct in a locker room may be viewed differently than the same conduct on a public street.
Presence of a Minor – If a child was present, jurors will weigh whether the accused knew of the child’s presence and whether the conduct was directed toward them.
Credibility of Witnesses – Because physical evidence is often limited, jurors rely heavily on the credibility of witnesses. Consistency, demeanor, and corroboration from other evidence can determine the verdict.
Frequently Asked Questions
Is accidental exposure considered a crime in Utah?
No. The law requires intent. Accidental wardrobe malfunctions or non-sexual incidents generally do not meet the definition of lewdness or indecent exposure.
Will I have to register as a sex offender?
If convicted of lewdness involving a child or certain indecent exposure offenses, you may be required to register for 10 years to life.
Can these charges be reduced or dismissed?
Yes, depending on the evidence, witness reliability, and possible defenses, charges may be reduced to non-sexual offenses or dismissed entirely.
What if the alleged victim was an adult and not offended?
If the person was not offended or alarmed, and the State cannot prove otherwise, the case may be weaker for the prosecution.
Do first-time offenders go to jail?
Not always. In some cases, probation, fines, or counseling may be negotiated in lieu of jail time.
Susanne Gustin, Attorney at Law Salt Lake County Sex Crime Defense Attorney
To avoid possible consequences of lewdness and indecent exposure charges, call Susanne Gustin, Attorney at Law at 801-243-2814. Susanne Gustin’s 24 years of experience in criminal defense, prepares her to handle any sex crime allegations you may face.
If you have been charged with lewdness or indecent exposure, contact Susanne Gustin, Attorney at Law at 801-243-2814 for a consultation.
This firm services clients in Salt Lake City, Taylorsville, Riverton, Midvale, Clearfield, Clearfield, Layton, and surrounding areas. Call Susanne Gustin, Attorney at Law to start discussing your options.
