§ 76-5-421 — Indecent exposure of another individual.

(1) (1)(a) As used in this section:
(1)(a)(i) "First responder" means the same as that term is defined in Section 34A-2-102.
(1)(a)(ii) "Health care professional" means the same as that term is defined in Section 53-3-207.
(1)(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits indecent exposure of another individual if the actor exposes in a public place, without the individual's consent, the individual's:
(2)(a) undergarments intended to cover the individual's genitals, breasts if the individual is female, buttocks, anus, or pubic area; or
(2)(b) genitals, breast below the top of the areola if the individual is female, buttocks, anus, or pubic area.
(3) (3)(a) A violation of Subsection (2)(a) is a class C misdemeanor.
(3)(b) Except as provided in Subsection (3)(c), a violation of Subsection (2)(b) is a class B misdemeanor.
(3)(c) A violation of Subsection (2)(b) is a class A misdemeanor if the actor committed the violation in the presence of an individual who is younger than 14 years old.
(4) An actor under the age of 18 years old may not be referred to the juvenile court or prosecuting attorney under this section unless the actor has previously received a written warning from a law enforcement officer for conduct described in Subsection (2).
(5) This section does not apply to a first responder or health care professional who removes the clothing of another individual during an emergency to provide medical care to that individual resulting in the exposure of that individual described in Subsection (2).

Legislative History

Enacted by Chapter 204, 2025 General Session