39-13-511. Public indecency Indecent exposure.
(a) (1) (A) A person commits the
offense of public indecency who, in a public place, as defined in subdivision (a)(2)(B), knowingly or intentionally:
(i) Engages in sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions or other ultimate sex acts;
(ii)
Appears in a state of nudity; or
(iii) Fondles the genitals of the person, or another person.
(2) As used in subdivision (a)(1):
(A) Nudity or state of nudity means the showing of the bare human male or female genitals or pubic area with less than a fully opaque covering,
the showing of the female breast with less than a fully opaque covering of the areola, or the showing of the covered male genitals in a discernibly turgid state. Nudity or state of nudity does not include a mother in the act of nursing the mother's baby; and
(3) Public indecency is punishable as follows:
(A)
A first or second offense is a Class B misdemeanor punishable only by a fine of five hundred dollars ($500); and
(B) A third or subsequent offense is a Class A misdemeanor punishable by a fine of one thousand five hundred dollars ($1,500) or confinement for not more than eleven (11) months and twenty-nine (29) days, or both.
(b) (1) A person commits the
offense of indecent exposure who:
(A) In a public place, as defined in § 39-11-106, or on the private premises of another, or so near thereto as to be seen from the private premises:
(i) Intentionally:
(a) Exposes the person's genitals or buttocks to another
; or
(b) Engages in sexual contact or sexual penetration as defined in § 39-13-501; and
(ii) Reasonably expects that the acts will be viewed by another and the acts:
(a) Will offend an ordinary viewer; or
(b) Are for the purpose of sexual arousal and gratification of the defendant; or
(B) (i) Knowingly invites, entices or fraudulently induces the child of another into the person's residence for the purpose of attaining sexual arousal or gratification by intentionally engaging in the following conduct in the presence of the child:
(a) Exposure of such person's genitals, buttocks or
female breasts; or
(b) Masturbation.
(ii) Knowingly engages in the person's own residence, in the intended presence of any child, for the defendant's sexual arousal or gratification the following intentional conduct:
(a) Exposure of the person's genitals, buttocks or
female breasts; or
(b) Masturbation.
(iii) No prosecution shall be commenced for a violation of subdivision (b)(1)(B)(ii)(a ) based solely upon the uncorroborated testimony of a witness who shares with the accused any of the relationships described in § 36-3-601(5).
(iv) For the provisions of subdivision (b)(1)(B)(i) or (b)(1)(B)(ii) to apply, the defendant must be eighteen (18) years of age or older and the child victim must be less than thirteen (13) years of age.
(2) Indecent exposure, as defined in subdivision (b)(1), is a
Class B misdemeanor, unless the defendant is eighteen (18) years of age or older and the victim is under thirteen (13) years of age, in which event, indecent exposure is a Class A misdemeanor. Additionally, indecent exposure, as defined in subdivision (b)(1), is a Class E felony when the defendant is eighteen (18) years of age or older, the victim is under thirteen (13) years of age, and the defendant has any combination of two (2) or more prior convictions under this section.