A charge of indecent exposure can result in serious legal consequences, including a prison sentence and a requirement to sign the sex offenders register if you are convicted. Many people do not realise that indecent exposure does not have to take place in a public setting or involve physical contact. The offence centres on deliberate behaviour and the impact it has on others, which means it can arise in a wider range of circumstances than many people may expect.

Legal definition of indecent exposure

Section 66 of the Sexual Offences Act 2003 sets out that a person commits indecent exposure if they intentionally expose their genitals and intend that someone will see them and experience alarm or distress. This is known as a specific intent offence, meaning prosecutors must prove both the act itself and the motivation behind it.

What is considered indecent exposure depends on the facts of each case. In particular, surrounding circumstances - including the location, any aggravating factors, the age of those present and whether the behaviour was repeated - will influence how the court interprets the alleged conduct.

Is cyber flashing considered indecent exposure?

Cyber flashing refers to the sending of unsolicited sexual images - typically of genitals - via digital means. This can take place on messaging platforms, through AirDrop or Bluetooth file-sharing apps, or via social media, dating apps or email. It is a form of behaviour that can have the same legal consequences as in-person indecent exposure, even though no physical contact occurs.

This is now a specific offence in England and Wales following updates introduced through the Online Safety Act 2023. This means that sending unwanted sexual images with the intention of causing alarm, distress or obtaining sexual gratification is now treated as a criminal offence. The legislation applies regardless of the platform or technology used.

While cyber flashing is now a standalone offence, it may still be prosecuted under existing indecent exposure laws if the surrounding circumstances support it - particularly where there is evidence of intent to cause alarm or distress. In some cases, it may also lead to prosecution for other sexual offences or result in registration on the sex offenders register.

How does indecent exposure differ from public nudity?

Public nudity, such as sunbathing topless or streaking, is not automatically illegal. The legal system distinguishes between nudity that might be offensive or inappropriate and conduct that is criminal. To be considered indecent exposure, the person must intentionally expose themselves with a sexual motive and an intent to cause alarm or distress.

In other cases, such as when a person commits a lewd act in a public place without intending to cause distress, the offence may fall under broader public decency laws, including outraging public decency or disorderly behaviour under the Public Order Act.

Can indecent exposure happen in private?

Indecent exposure does not require the act to take place in a public space. The offence is based on the accused person’s actions and intent, not simply the location. A charge may arise if the exposure was visible to others and there is evidence that the individual deliberately exposed themselves with the intention of causing alarm or distress, or for sexual gratification.

Situations that occur in a private location can still result in prosecution, especially where witnesses report feelings of alarm. The law focuses on the potential impact on others and does not provide a defence based solely on the assumption of privacy.

What are the legal implications of an indecent exposure charge?

Being found guilty of indecent exposure carries serious consequences. The maximum sentence is two years’ imprisonment on indictment at the Crown Court or six months on summary conviction in the Magistrates’ Court. Many first-time offenders receive a community order, but aggravating factors - such as repeat offending, presence of children, or evidence of sexual motivation - can lead to a custodial sentence.

The choice between the Magistrates’ Court and the Crown Court will depend on how serious the case is. Factors such as the presence of children, prior convictions or whether the behaviour was part of a pattern may influence the prosecution’s decision to treat the matter as a more serious offence. Cases heard in the Crown Court often involve higher levels of harm or aggravating features.

A conviction may also result in being placed on the sex offenders register, often for a minimum of five years. This can have long-term consequences for a person’s personal and professional life, affecting employment, housing, travel and relationships. In some cases, the Crown Prosecution Service may pursue additional offences, such as public indecency or criminal damage, if the behaviour involved more than indecent exposure alone.

What are the possible defences?

There are several defences to an indecent exposure charge, depending on the specific circumstances. These may include:

• Lack of intent: the prosecution must prove the person intentionally exposed themselves with the intent to cause alarm or distress. Absent this, the conduct may not meet the legal definition.
• Mistaken identity: CCTV footage or witness statements may be unreliable, especially in cases involving poor visibility or unclear circumstances.
• Mental health considerations: where mental illness or impaired understanding is a factor, this may form the basis of a legal defence or be relevant at sentencing.
• Context and consent: in limited scenarios, it may be argued that the conduct was consensual or occurred in private without any reasonable expectation of being seen.

Anyone facing an indecent exposure accusation should seek legal advice as early as possible. Tyler Hoffman’s solicitors specialise in handling sexual offence cases and can provide clear, strategic guidance from the police station onward.

What factors influence sentencing?

Sentencing guidelines consider both aggravating and mitigating factors. Aggravating factors can include:

• Prior convictions, particularly for sexual offences.
• Exposure in view of children or vulnerable persons.
• Behaviour linked to the sex industry or other sexual acts.
• Use of social media or intent to distribute footage.

Mitigating factors may include remorse, cooperation with the police, mental health issues, lack of prior offending or provocation. In most indecent exposure cases, the sentence imposed will depend heavily on the evidence of intent, the impact on any victims and whether the offence forms part of a pattern of behaviour. If you are convicted, the indecent exposure solicitors at Tyler Hoffman will make sure the court is presented with all relevant mitigating factors to support the most proportionate outcome possible.

Why legal representation makes all the difference

Being accused of indecent exposure can be distressing, especially if the charge comes as a surprise or arises from an isolated incident. With potential penalties including prison, a criminal record, and registration as a sex offender, having the right legal assistance is crucial. The team at Tyler Hoffman deals with many cases like this and can closely examine the allegations and identify flaws in how the authorities collected evidence to expose weaknesses. We will vigorously challenge the prosecution's case, protect your rights and make sure all mitigating factors are considered in your defence.