Indecent exposure is one of the charges people are most embarrassed to call a lawyer about, and that is exactly why so many of them wait too long. It is a misdemeanor, but it is a sex-related misdemeanor, and it shows up on background checks for employers, landlords, licensing boards, and security clearance investigators in a way that a traffic case never will. If you have been charged in Fairfax County or anywhere in Northern Virginia, the details of the statute matter far more than most people expect.
What Virginia Code § 18.2-387 Actually Says
Under Virginia Code § 18.2-387, it is a crime to intentionally make an obscene display or exposure of your person, or your private parts, in any public place or any place where others are present. The statute also covers procuring someone else to expose himself or herself. Breastfeeding a child is expressly excluded; no one violates this law by nursing a baby in public.
Every one of those words is an element the Commonwealth has to prove beyond a reasonable doubt. Most of my defense work in these cases comes down to three of them: intentional, obscene, and where others are present.
The Penalty
Indecent exposure is a Class 1 misdemeanor, the most serious misdemeanor class in Virginia. That means up to twelve months in jail, a fine of up to $2,500, or both. There is no felony version of § 18.2-387 itself. But as explained below, the same conduct can be charged as a felony when a child is involved, and that is where the real danger in these cases often lies. For how misdemeanor and felony classes compare, see Felony vs. Misdemeanor in Virginia.
Nudity Alone Is Not the Crime: The "Obscene" Requirement
This is the point people misunderstand most. Virginia does not make it a crime simply to be seen naked. The exposure must be obscene, and Virginia courts have read that to mean the conduct's dominant purpose was an appeal to a prurient interest in sex.
Courts look for signs of sexual purpose: visible arousal, masturbation, sexual statements, or conduct directed at a particular person. Convictions have been upheld where those signs were present, including a case where a man was fully clothed but masturbating in front of children, because the statute covers an obscene "display" of the person, not only bare skin.
Just as important, the Court of Appeals has reversed convictions where those signs were missing. In unpublished decisions (which are not binding precedent but show how the court analyzes these facts), the court threw out convictions involving a woman who flashed her breasts at children in a joking way with no sign of sexual interest, a person who dropped their pants while running away from someone, and a man sitting in a parked car in a nightgown with his genitals exposed but no arousal, no masturbation, and no evidence of sexual purpose. Inappropriate, embarrassing, or bizarre conduct is not automatically obscene conduct.
Can You Be Charged With Indecent Exposure in Your Own Home?
Yes, it is possible, and this is one of the most common questions I am asked. The statute does not stop at "public place." It also covers "any place where others are present." Your home, a hotel room, a jail cell, a nursing home, or a workplace can all qualify depending on who else is there.
Virginia courts define a public place by asking whether you had a reasonable expectation of privacy, given how foreseeable it was that someone who had not consented would see you. A person standing in open view where others pass by may not have that expectation, even indoors. In a 2024 unpublished decision, the Court of Appeals upheld a conviction for exposure during a video call on a tablet because it happened in a place where other people were present, whether or not anyone nearby actually saw it.
But the exposure must still be intentional. In one case, a man was seen exposed while standing at his own bedroom window, and his conviction was reversed because the Commonwealth could not prove he meant to be seen. A neighbor glimpsing you through a window while you are changing is a very different case from deliberately positioning yourself to be watched. The facts around the window, the lighting, the time of day, and what you did when you noticed someone are often the whole case.
When Indecent Exposure Becomes a Felony
When a child is involved, prosecutors look past § 18.2-387. Under Virginia Code § 18.2-370 (indecent liberties), an adult who, with lascivious intent, knowingly and intentionally exposes his sexual or genital parts to a child under 15 commits a Class 5 felony that carries sex offender registration. The Supreme Court of Virginia has upheld that felony where a man adjusted his shorts to expose himself to two young girls riding past on bicycles.
The Court of Appeals has also held that indecent exposure is not automatically a lesser included offense of indecent liberties, which means a jury in a felony case is not necessarily given the misdemeanor as a middle-ground option. Early, careful work on the intent and age evidence matters enormously in these cases.
Exposure over a phone, webcam, or app is its own category. Under Virginia Code § 18.2-374.3, an adult who uses a communications system with lascivious intent to expose himself to a child he knows or has reason to know is 15 or older faces a separate Class 1 misdemeanor, and exposure to a child under 15 can be charged as a felony.
How These Cases Are Defended
- No intent. Accidental or unknowing exposure is not a crime. Where you were, what you were doing, and whether you knew anyone could see you all go to intent.
- Not obscene. Without evidence of a sexual purpose, the conduct may be offensive or strange but still not meet the statute.
- No one present / reasonable privacy. If you were somewhere you reasonably expected to be unseen, the "public place" and "others present" elements are open to challenge.
- Identification and credibility. Many cases rest on one witness's brief observation, sometimes from a distance or through a window. In Virginia, a single witness's testimony can be enough to convict, so cross-examination and the physical setting, including sight lines, lighting, and distance, have to be examined closely.
- Charging level. When a felony is charged, the fight is often over whether the evidence shows lascivious intent toward a child at all, or only a misdemeanor at most.
Where Your Case Will Be Heard
Most adult indecent exposure charges in Fairfax County are heard in the General District Court. When the complaining witness is a child or a family or household member, the case may start in the Juvenile and Domestic Relations District Court instead. Felony charges move through a preliminary hearing before going to the Circuit Court.
Beyond the Sentence
A conviction for a sex-related offense can affect your job, your professional license, your security clearance, and custody arrangements in ways that last far longer than any sentence. For non-citizens, any criminal conviction can raise immigration questions that should be addressed before a plea is entered. And if your charge is dismissed, you may later be able to have it removed from public records, which is one more reason to fight the charge rather than accept a quick plea.
Frequently Asked Questions
Is indecent exposure a felony in Virginia?
No. Indecent exposure under § 18.2-387 is a Class 1 misdemeanor, punishable by up to twelve months in jail and a fine of up to $2,500. However, exposure to a child under 15 with lascivious intent can be charged as felony indecent liberties under § 18.2-370.
Can I be charged for being naked in my own home?
Only in limited circumstances. The statute covers any place where others are present, so a home is not automatically off-limits. But the Commonwealth must prove the exposure was intentional and obscene. Being glimpsed through a window by accident is not the same as deliberately exposing yourself to be seen.
Is being naked in public automatically indecent exposure?
No. Virginia requires the display to be obscene, meaning its dominant purpose was a prurient interest in sex. Nudity without any sign of sexual purpose has led Virginia appellate courts to reverse convictions. Local ordinances may separately regulate public nudity.
Is breastfeeding in public indecent exposure?
No. Virginia Code § 18.2-387 expressly states that breastfeeding a child in a public place, or anywhere others are present, does not violate the statute.
Can someone be convicted on one witness's word?
Yes. Virginia courts have upheld indecent exposure convictions based on a single witness's uncorroborated testimony. That makes a careful examination of the witness's vantage point, timing, and account essential to the defense.
Do I need a lawyer for a misdemeanor indecent exposure charge?
Yes. Because it is a sex-related offense, the long-term consequences of a conviction are far more serious than the misdemeanor label suggests, and early action can change the outcome.
Talk to a Fairfax Defense Attorney Now
If you have been charged with indecent exposure, or a detective has contacted you about an incident, do not try to explain it to the police on your own. Virginia Criminal Attorney Sheryl Shane has more than 31 years of criminal defense experience and handles sex crimes defense throughout Fairfax and Northern Virginia, personally, from the first call to the final hearing. Consultations are free and available 24/7.
Call or text (703) 582-8119 or contact Sheryl Shane online.
Virginia Criminal Attorney Sheryl Shane
4015 Chain Bridge Road, Fairfax, Virginia 22030
This article is for general information only and is not legal advice. Statutes cited are current through the 2026 Special Session I of the Virginia General Assembly. Past results do not guarantee future outcomes.
