Facing an indecent exposure charge in Washington State can be embarrassing, but it’s important to remember that an accusation doesn’t automatically result in a conviction. Several factors can influence the outcome of your case, such as intent, circumstances, and the available legal defenses.
At LaCross & Murphy, we assist individuals in Port Orchard and throughout Washington State in fighting indecent exposure charges and protecting their rights. Whether the accusation stems from a misunderstanding, a mistake, or a deliberate false claim, defending yourself effectively requires a skilled and strategic approach.
In this blog, we’ll cover the legal definition of indecent exposure in Washington State, common defenses against the charge, and the critical role legal representation plays in protecting your future.
What Is Indecent Exposure in Washington?
Under RCW 9A.88.010, indecent exposure occurs when someone intentionally exposes themselves in a lewd manner in a public place or where others may be offended or alarmed. The severity of the charge depends on the circumstances:
- Misdemeanor Indecent Exposure – This applies to most first-time offenses and is classified as a misdemeanor, punishable by up to 90 days in jail and a $1,000 fine.
- Gross Misdemeanor Indecent Exposure – If the exposure involves a minor under the age of 14, the charge can escalate to a gross misdemeanor.
- Felony Indecent Exposure – If the individual has prior convictions for indecent exposure or certain other sex offenses, the charge can be elevated to a Class C felony. The consequences of both a gross misdemeanor and felony indecent exposure charge are intensified, leading to longer jail times and higher fines.
Common Defenses Against Indecent Exposure Charges
A strong defense depends on the details of the case. Some common legal defenses include:
1. Lack of Intent
Indecent exposure requires intentional lewd behavior. If the exposure was accidental—such as a wardrobe malfunction or an unintentional act—it does not meet the legal standard for conviction.
2. Mistaken Identity
Many indecent exposure cases rely on eyewitness accounts, which can be unreliable. If there is no clear evidence tying you to the alleged act, mistaken identity could be a valid defense.
3. False Accusations
In some cases, people are wrongfully accused due to personal disputes, misunderstandings, or misinterpretations. A thorough review of evidence, including witness statements, surveillance footage, or inconsistencies in the accuser’s story, can help disprove the claim.
4. Lack of Evidence
The prosecution must prove beyond a reasonable doubt that indecent exposure occurred. If there is insufficient evidence, such as no witnesses or lack of credible proof, the case may be dismissed or reduced.
5. Violation of Constitutional Rights
If law enforcement illegally detained, searched, or questioned you without probable cause or a proper warrant, your rights may have been violated. A defense attorney can argue to suppress unlawfully obtained evidence.
What to Do If You’re Charged with Indecent Exposure in Washington
If you are facing an indecent exposure charge, taking the right steps early can make a difference in your case:
- Do not speak to law enforcement without an attorney present.
- Avoid discussing the case with anyone other than your lawyer.
- Gather any potential evidence, such as witness contact information or surveillance footage.
- Contact a defense attorney as soon as possible.
LaCross & Murphy’s Defense Attorneys are Here to Help You
An indecent exposure conviction can have lasting consequences, including jail time, fines, and a permanent criminal record. In some cases, it may even lead to sex offender registration, which can affect employment, housing, and personal relationships. At LaCross & Murphy, we understand the high stakes of these charges and work aggressively to protect your future.
If you or a loved one has been charged with indecent exposure in Port Orchard or anywhere in Washington State, call LaCross & Murphy at (360) 447-9365 or visit our contact page to schedule a confidential consultation.
