Indecent exposure charges may sound like something that only happens in extreme or unusual cases—but the reality is that these charges can arise from relatively common situations. A spontaneous decision, a misunderstanding, or even a moment of bad judgment can result in serious criminal consequences.
As a criminal defense attorney in Minnesota, I’ve worked with individuals who never imagined they’d be facing a criminal charge—let alone one that could potentially involve sex offender registration. If you're trying to understand the law, the penalties, and how to protect yourself or someone you care about, here’s what you need to know.
What is indecent exposure in Minnesota?
Indecent exposure is governed by Minnesota Statute 617.23, which makes it a crime to:
“Willfully and lewdly expose the body, or the private parts thereof, in any public place, or in any place where others are present.”
In plain terms: If someone exposes themselves in a setting where they can reasonably be seen by others—and if the behavior is meant to be sexually inappropriate or attention-seeking—they can be charged with indecent exposure.
Breaking Down the Legal Terminology
Understanding the language used in the law is essential. Here are a few key terms often associated with indecent exposure:
Lewd or lascivious behavior: This refers to conduct that is sexually inappropriate, offensive, or intended to arouse or attract sexual attention.
Public indecency: A broader term that can include indecent exposure, public sexual acts, or other types of offensive conduct in public settings. In many cases, it overlaps with indecent exposure.
Intent: Arguably the most important factor in these cases. If the exposure wasn’t intentional or wasn’t done with the purpose of being seen, it may not meet the legal threshold for criminal conduct.
Penalties for indecent exposure in Minnesota
The severity of the charge—and the potential penalties—depend heavily on the surrounding circumstances:
Misdemeanor (No Aggravating Factors)
- Up to 90 days in jail
- Up to $1,000 in fines
Gross Misdemeanor (Aggravating Factors Present)
Examples: Prior indecent exposure offense, or the incident occurred in the presence of a minor under 16
- Up to 364 days in jail
- Up to $3,000 in fines
Felony (Serious Aggravating Factors)
Examples: Repeated conduct in front of a minor, a previous 5th-degree criminal sexual conduct conviction, or if the accused confined or restrained someone
- Up to 5 years in prison
- Up to $10,000 in fines
Can you be arrested for indecent exposure? Yes. If law enforcement believes the conduct meets the criteria under the statute, an arrest can occur immediately, even if the situation seems minor or was unintentional.
Will you have to register as a sex offender?
If you’re convicted of felony-level indecent exposure in Minnesota, yes, you can be required to register as a sex offender.
How long? The registration period depends on the specifics of the case. It can range from 10 years to lifetime registration, especially if you have prior qualifying offenses or fail to comply with registration requirements.
How long does an indecent exposure charge stay on your record?
Unless the charge is dismissed or expunged, it can stay on your criminal record permanently. This can impact:
- Employment
- Housing applications
- Professional licensing
- Family court and custody issues
Moreover, a conviction for indecent exposure—especially a felony—can have serious long-term effects beyond the criminal penalties.
Why intent matters in an indecent exposure case
Minnesota courts have made it clear that intent is critical in indecent exposure cases.
In the landmark 1947 case State v. Peery, the Minnesota Supreme Court ruled that to convict someone of indecent exposure, the state must prove deliberate intent to be lewd or indecent. In other words, simply being nude in public isn’t enough. There must be evidence that the individual intended to be seen, or behaved in a way that was meant to attract attention.
This standard continues to guide Minnesota courts today. For example, the Court noted that to prove intent in a private space, there needs to be something more—like gestures, movement, or placement in a highly visible area—that indicates the person wanted to be observed.
What counts as indecent exposure (and what doesn’t)?
Every case is different, but here are a few common scenarios:
✅ Flashing someone on purpose: Yes, this qualifies.
✅ Consensual sexual activity in public: Yes, this is considered lewd behavior.
❌ Streaking: May not qualify, unless the person is seeking sexual attention, it takes place in front of minors, or it’s recorded and shared online.
❌ Breastfeeding: Protected under law and not considered indecent exposure.
❌ Public urination: Often charged under local ordinances unless there's clear sexual intent.
❌ Changing clothes in a secluded outdoor area: May not qualify if there’s no intent to be seen.
❌ Theater or performance art: Generally not criminal if done as part of a legitimate artistic performance.
Is it illegal to sleep naked in your own home?
The claim that it's illegal to sleep naked in your own bed in Minneapolis—or anywhere in Minnesota—is a persistent urban legend, but there's no evidence to support it.
While various online sources and articles have mentioned this supposed law, there is no such prohibition in Minnesota's statutes and city ordinances. This claim is likely apocryphal, with no basis in actual law.
In summary, you can rest assured that sleeping naked in your own home in Minnesota is not illegal and will not result in an indecent exposure charge.
Other factors that can affect your charges
- Mental health or neurodivergence: Conditions such as dementia, schizophrenia, or autism spectrum disorder (ASD) may play a role in accidental or unintentional exposure. Courts take these factors seriously when assessing whether intent was present.
- Juveniles and “goofing off”: Unfortunately, teenagers engaged in pranks, sexting, or impulsive behavior can be charged as adults in some cases. Early intervention by an attorney can help move the case into juvenile court and limit long-term consequences.
- Seasonal and cultural contexts: Activities like summer swimming, ice fishing, or nudist events can raise questions about intent and context. Nudity alone is not always a crime—what matters is the purpose and setting.
- Artistic or expressive nudity: Minnesota courts have ruled that not all nudity is criminal. For example, in a 2025 Minnesota Supreme Court decision (A23-0158), the court found that women exposing their breasts in public does not automatically meet the definition of “lewd.” This provides a significant clarification in interpreting the law.
What if the exposure didn't actually happen?
You can still face charges if prosecutors file what's called an inchoate offense, like attempted indecent exposure or aiding and abetting.
This usually happens when:
- Someone was caught trying to expose themselves but didn’t follow through.
- The conduct was interrupted before it was fully carried out.
- Another person encouraged or helped the act happen (e.g., filming it or daring someone).
These charges still carry serious penalties, though intent is harder to prove. If you’re facing accusations like this, talk to a lawyer right away—especially if the situation didn’t unfold the way police described it.
What should you do if you’re arrested?
If you’re being investigated or have been arrested for indecent exposure:
- Remain silent. You are not required to explain your side to the police.
- Request an attorney immediately.
- Avoid discussing the case on social media or with others.
An experienced attorney can examine the facts, determine if your rights were violated, and assess whether the prosecution can actually prove intent. In some cases, evidence may be thrown out if obtained improperly. In others, character evidence and lack of prior history may help reduce or dismiss charges entirely.
If you or someone you know is dealing with an indecent exposure accusation, don’t wait. The earlier you involve legal counsel, the more options you’ll have. As an attorney experienced in Minnesota criminal defense, I can help you navigate the legal system, protect your rights, and work toward the best possible outcome.