Essentials of Oregon Indecent Exposure Laws
Under Oregon’s public indecency statute, ORS 163.465, "a person commits the crime of public indecency if the person intentionally exposes the person’s genitals to another person under circumstances in which the person intends to be seen by another person, and the conduct alarmed, embarrassed or offended that other person." While the focus of this offense is on the intentional exposure of a person’s genitals – which is seen as an inherently sexual act – the statute also prohibits exposing "the person’s buttocks" to others.
The offense of public indecency in Oregon is a Class A misdemeanor. However, the statute includes an enhanced penalty for repeat offenders. If a person has previously been convicted of public indecency, a second public indecency conviction is a Class C felony.
Note that Oregon seduction and corruption laws are different from public indecency laws . Seduction and corruption laws are sexual offenses that are more serious than public indecency. Which statute applies depends on the circumstances of the particular situation.
Another important thing to note is that a person does not have to actually expose themselves to another person in order to be charged with public indecency. Rather, if a person intentionally exposes themselves in an area that is open to view of other people, and if a reasonable person in the other person’s position would expect that the exposure would be seen by others, then a person can be convicted of public indecency even if they were not actually seen by other people.
Oregon’s public indecency offense is included in Chapter 163 of the Oregon Revised Statutes (ORS). That section sets out other laws dealing with sex crimes.
What Exactly Counts as Indecent Exposure in Oregon?
Oregon Revised Statute 163.465 defines the crime of indecent exposure as follows:
(1) A person commits the crime of indecent exposure if the person knowingly exposes the person’s genitals or private parts under circumstances in which the person knows the conduct is likely to be observed by others who would be affronted or alarmed.
(2) The offense set out in subsection (1) of this section is a Class A misdemeanor.
What does this mean exactly? In Oregon, indecent exposure typically involves public nudity. However, it is more than just nudity, it also assumes that the act of nudity is done in front of another person with the intent to affront the person observing the act. Said another way, there must be intent to put the victim in some type of alarm or discomfort. If a person admits to being naked in front of another person during a jury trial, then the mere act of being naked is not enough to constitute indecent exposure; there must be more. Sometimes the additional element of indecent exposure is a simple "look" given to the person who observed the act, but it can also include the addition of words, gestures, or physical conduct. In any case, Oregon law has made it clear that the alleged crime of indecent exposure must include some form of mens rea, or intent.
Penalties for Indecent Exposure in Oregon
If you have been convicted of indecent exposure in Oregon, you may be wondering what penalties you will face. There are two criminal degrees of indecent exposure in Oregon: first-degree and second-degree. First-degree indecent exposure is a class A misdemeanor, while second-degree is a class B misdemeanor. A conviction of first-degree indecent exposure entails harsher penalties than one of second-degree.
Someone convicted of first-degree indecent exposure will face a jail sentence of up to one year and a fine of up to $6,250. If you are accused of first-degree indecent exposure, it’s essential to speak with an attorney as soon as possible. The potential consequences for a conviction are severe and long-lasting.
Second-degree indecent exposure is a lesser offense, but can still result in serious, long-term consequences. Anyone convicted of this offense may face a jail sentence of up to six months and a fine of up to $1,250. In addition to facing steep fines and possibly jail time, anyone charged with indecent exposure may be required to register as a sex offender, which limits the individual’s freedom to choose where they live and with whom they live. You may also lose your ability to travel internationally, depending on your home country.
Possible Defenses For Indecent Exposure Charges
As with any criminal case, there are various possible legal defenses an individual may raise when charged with indecent exposure in Oregon. A common defense is to establish that the conduct did not occur at all. Mistaken identity or accidental exposure could also be used as a defense if the defendant did not intend to expose themselves in front of others. Consent or misunderstanding of the alleged victim’s age are additional possible defenses to an indecent exposure charge.
Consequences of Convicting a Person for Indecent Exposure
The effects of a conviction for indecent exposure on an individual’s life can be severe in Oregon, significantly impacting employment opportunities, housing availability, and social relationships. As such, it is important for anyone facing criminal charges for indecent exposure to understand the consequences of a conviction beforehand.
Many employers in Oregon are worried about their professional image, and they may shy away from hiring someone who has ever been convicted of indecent exposure. Even after serving a period of probation, an individual may struggle to find work—especially if they are applying for a job that requires them to interact with the general public or children. Furthermore, even jobs requiring background checks may prevent someone with an indecent exposure conviction from being hired .
Socially, an individual might experience a significant divide among family and friends if they are charged with a crime of this nature. People may not want to associate with someone who was previously convicted of indecent exposure, especially if children are involved. For example, someone with an indecent exposure conviction may have trouble keeping custody of their children or being granted visitation rights—a serious issue that could negatively affect other areas of their lives.
It can also be difficult to find a place to live, especially when the landlord does routine criminal background checks for all prospective tenants. The simple act of renting an apartment in the long term can thus prove difficult when the criminal background check reveals a conviction for indecent exposure.
Overall, individuals with convictions for indecent exposure on their records can face a number of negative impacts, both professionally and personally.
How to Handle Charges of Indecent Exposure
If someone is accused of indecent exposure in Oregon, the first step is to seek legal counsel. This is especially important as this is a sexual offense that may carry with it very serious consequences. It is necessary to have an attorney who has experience handling sex crime cases like this one. With the help of counsel, the person facing these charges will be able to understand their rights, have the benefit of a vigorous defense and make informed decisions about their case.
For example, knowing what constitutes an indecent act as compared to more serious charges such as sexual assault may be an important first step. Just because someone is accused of committing an indecent act, or having committed indecent exposure does not make it so. The element of intent is an important one in these types of cases. Indecent exposure, for example, is found when a person intentionally exposes their genitals in front of others who are in a position to be offended by it. As with any criminal matter, having the assistance of a skilled attorney can mean the difference in understanding your rights, knowing how to respond and how your case is likely to proceed through the criminal justice system.
Recent Developments in and around Oregon’s Indecent Exposure Laws
In recent years, Oregon has seen a stark uptick in indecent exposure cases. The crimes have consistently shown up as a Measure 11 offense statewide, putting a minimum prison term of 70 months on the table for first time offenders. Prior to 2007, "Public Indecency" was a Class A Misdemeanor with no minimum prison term. In 2007 House Bill 2303 redefined the crime as a Class C Felony, a change that was met with mixed reviews from defense attorneys, law enforcement, and district attorneys alike. Some have suggested that the new laws were a criminal justice reform effort; however, many lawyers believed it was simply a response to the public outcry over the increasingly popular and widely reported "Peeping Tom" break-ins that took place in Clackamas county between 2002 and 2004 . District attorneys statewide have generally agreed that the law change was too severe and the minimum prison term is likely to be reduced or eliminated altogether. Until then, public indecency remains a Measure 11 offense statewide. That means that all first time offenders are facing a minimum offer of 70 months prison. For a charged party from another state, the crime is a Class B Felony, meaning that they will receive a probationary sentence unless they reoffend inside the 5 year probationary period. For those arrested on charges of Indecent Exposure, this means that negotiating a favorable outcome before it goes to trial is the best option at hand. In ongoing discussions between the Oregon Criminal Defense lawyers and the Oregon District Attorneys, it is our best recommendation to anyone who have been or may be charged with Public Indecency is to make an offer before it goes before a jury for trial.