Hawaii’s Indecent Exposure Law

Under HI Rev Stat § 707-734, a prosecutor can charge you with indecent exposure if you intentionally expose your genitals to someone in a situation where your behavior is likely to cause offense or outrage. But a prosecutor can’t charge you if the other person is your spouse.

There are several elements to this crime. The prosecutor has to prove you exposed your genitals, which means someone else saw them. They also have to show the exposure was intentional. You shouldn’t face charges for a wardrobe malfunction.

The circumstances matter, too. Exposing your genitals is against the law if it’s likely to cause an affront. You’d have to be in a situation where someone would be offended. For example, going topless on a nude beach isn’t a crime. But be careful; not all Hawaii beaches allow nudity!

A typical example of indecent exposure is streaking across campus. It’s a place where clothing is required, and others would consider running around naked offensive.

A Petty Misdemeanor

Indecent exposure is a petty misdemeanor in Hawaii. If convicted, you face up to 30 days in jail and a fine of up to $1,000.

Indecent exposure isn’t considered criminal sexual conduct. The law doesn’t label you a sex offender if convicted, which means the law won’t require you to register.

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Defending Against Indecent Exposure Charges

If you’ve been charged with indecent exposure, call a lawyer right away. As a petty misdemeanor, it’s easy to brush off these charges. But it’s essential to defend yourself. You don’t want an indecent exposure charge on your permanent record. People see it as a sex crime, even if the law wouldn’t call you a sex offender.

Hiring an experienced Hawaii defense attorney gives you a better chance of beating the charges. One way to defend yourself is to focus on the elements of the crime. Did you actually expose any of your private parts? Was it intentional or accidental? Did anyone see it? Was anyone offended?

These are all critical questions to ask. If the prosecutor can’t prove each element beyond a reasonable doubt, then your lawyer can file a motion to dismiss or negotiate with the prosecutor to drop the charges.

We may agree that a conviction is likely; the facts might be stacked against you. In that situation, we can take a different approach. We might focus on helping you avoid jail time, which would impact your school schedule, work, and family life.

Did a Child See?

If you allegedly exposed your genitals to a minor, call a defense attorney immediately. You would face much harsher charges if a child were allegedly involved.

You could face charges for sexual assault in the fourth degree if you knowingly exposed your genitals to a person in a situation where your behavior is likely to alarm the other person or cause them to fear injury. This is a misdemeanor punishable by up to one year in jail and fines up to $2,000.

If any sexual contact allegedly happened, you may face a third-degree sexual assault charge. It would be a Class C felony, punishable by up to five years in prison and up to $10,000 in fines.

Both of these crimes are considered criminal sexual conduct. If convicted, you’d be required to register as a sex offender.

 
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Let a Lawyer Help You

There’s no need to go through the criminal court system alone. Help is here, just waiting for your call. Sex crime defense lawyer Michael Fayard will build your defense while you focus on school, work, and family. Michael knows what he’s doing and is more likely to win a good outcome than if you handle the matter independently.

To schedule your free consultation, use the online form or call (808) 445-6708″>(808) 445-6708.