Table of Contents
Aggressive Defense for Indecent Exposure Charges in New York
Table of Contents
Key Takeaways
- In New York, indecent exposure falls under Penal Law § 245.01 (Exposure of a Person) and § 245.00 (Public Lewdness). In more serious cases, Penal Law § 245.03 (Public Lewdness in the First Degree) may apply.
- Penalties range from a violation to a Class B or Class A misdemeanor, depending on the circumstances and any prior criminal record.
- Consequences may include fines, probation, jail time, and a permanent criminal record. If tied to another sex crime, registration as a sex offender may also apply.
- Prosecutors must prove beyond a reasonable doubt that you were the person involved, that the exposure was intentional, occurred in public, and involved intimate parts.
- Contacting a Long Island criminal defense lawyer early is critical to protecting your rights and preparing a defense strategy.
Facing an accusation of indecent exposure in New York is overwhelming. The fear of jail, damage to your reputation, and a permanent criminal record can weigh heavily on you. Without immediate legal guidance, the situation can quickly escalate and create even more serious consequences, including additional sex crime allegations. Acting early is critical to protecting your future.
At The Law Offices of Scott Gross, P.C., we understand what is at stake. Our team provides clear legal advice, protects your privacy, and stands with you throughout the process. If you have been accused of indecent exposure in Suffolk County or Nassau County, we are here to guide you forward.
How Can an Indecent Exposure Lawyer in Long Island Help With My Case?
When you are facing an indecent exposure charge, having the right attorney matters. At The Law Offices of Scott Gross, P.C., we provide dedicated support to clients throughout Suffolk and Nassau Counties. We can:
- Carefully review the evidence, including police reports, body camera footage, and witness statements.
- Identify weaknesses in the prosecution’s case, such as mistaken identity, lack of intent, or insufficient proof.
- Communicate with prosecutors to pursue reduced charges or dismissal when appropriate.
- Protect your rights during police questioning, hearings, and all court appearances.
- Stand beside you at every stage of the case, from arraignment through trial if needed.
Why Choose The Law Offices of Scott Gross, P.C.
At The Law Offices of Scott Gross, P.C., we have years of experience representing individuals facing indecent exposure charges and other criminal accusations throughout Suffolk and Nassau Counties. We draw on our knowledge of New York Penal Law and constitutional protections to build strong defense strategies tailored to each case.
We believe in straightforward guidance, clear communication, and protecting the confidentiality of every client we represent. We offer free consultations and provide the attention and focus your case deserves.
Hear From The Clients Who Have Worked With Our Renowned Defense Lawyer
“Scott is one of the best in the business. True professional and expert in his field. I highly recommend.” – Seth F.
“Hire this man asap, no need to wait. From legal advice to Court house appearances. Scott Gross is the attorney to call. He’ll take your call, formulate a strategy and execute without failure. Best attorney I’ve ever hired.” — Dionamous W.
“I called for a consultation and Scott was knowledgeable, considerate and most of all sincere. I had several sleepless nights regarding a legal matter and he was able to help me settle my concerns in a matter of minutes. I would highly recommend Scott Gross to anyone, thank you for your human approach to law.” — Ricardo L.
What Is Considered Indecent Exposure in Long Island?
In the state of New York, indecent exposure is addressed under the Penal Law:
- Penal Law § 245.01 (Exposure of a Person): This law makes it a violation to appear in public with private parts exposed. It does not require intent, and includes limited exceptions, such as breastfeeding or non-lewd female toplessness.
- Penal Law § 245.00 (Public Lewdness): This charge applies when someone intentionally exposes themselves in a lewd way to cause alarm or for sexual reasons. It can occur in public or in private settings where the person intends to be observed.
Other related laws may apply depending on the circumstances, including charges involving endangering the welfare of a child, sexual abuse, or sexual misconduct. While “exposure of a person” is generally treated as a violation, certain cases can rise to misdemeanor charges, or, in rare situations, connect to more serious felony-level sex crime allegations.
Is Indecent Exposure a Misdemeanor or Felony in New York?
The level of criminal charges depends on the facts of the case, whether there is a prior record, and if additional criminal offenses are alleged:
- Exposure of a person: This is treated as a violation, not a misdemeanor or felony.
- Public lewdness: Usually a Class B misdemeanor. It may be charged as a Class A misdemeanor only if it involves a person under 16, or if there’s a prior public lewdness conviction within the past year.
- Felony-level charges: Indecent exposure alone is not a felony, but if the same incident involves related offenses, such as sexual abuse, endangering the welfare of a child, or possession of unlawful material, felony charges may apply.
Even a misdemeanor accusation can have lasting effects, from a permanent criminal record to barriers in employment and housing. That is why having an experienced defense attorney matters. At The Law Offices of Scott Gross, P.C., we guide clients through every stage of the process and work to protect their rights and future.
Indecent Exposure vs. Unlawful Surveillance in New York
While indecent exposure and unlawful surveillance are sometimes mentioned together, they are very different under New York law:
- Indecent exposure: Involves intentionally displaying private body parts in a public setting.
- Unlawful surveillance (“Peeping Tom” offenses): Involves secretly watching, recording, or photographing another person without their consent, often in places where privacy is expected.
Unlawful surveillance charges are treated more severely and can carry harsher penalties, including possible sex offender registration. Both types of cases can have long-term consequences for your reputation, career, and personal life.
If you are facing either accusation in Long Island, having a knowledgeable defense attorney is critical. At The Law Offices of Scott Gross, P.C., we understand how these serious charges are prosecuted and provide the defense strategy needed to protect your rights.
Indecent Exposure and Related Sex Crime Charges in New York
In some cases, an indecent exposure allegation may also lead to additional charges, such as:
- Sexual assault
- Endangering the welfare of a child
- Dissemination of indecent material to minors
- Sexual misconduct
These charges carry far more serious penalties and may result in sex offender registration. A conviction can also create long-term barriers to employment, housing, and even immigration status.
When multiple charges are involved, the stakes are higher. At The Law Offices of Scott Gross, P.C., we understand how prosecutors pursue these cases and work to build a defense that protects both your rights and your future.

Penalties for Indecent Exposure in Long Island
The consequences of an indecent exposure conviction depend on the circumstances, but may include:
- Fines
- Probation
- Jail time, particularly for misdemeanor convictions
- A permanent criminal record
Even a single charge can affect your reputation, employment, and future opportunities. At The Law Offices of Scott Gross, P.C., we help clients understand what is at stake and fight to minimize the impact of these charges.
Additional Consequences of an Indecent Exposure Charge
The impact of an indecent exposure accusation often extends beyond the courtroom. Common consequences include:
- Loss of employment or suspension of professional licenses
- Lasting damage to personal reputation and relationships
- Immigration challenges for non-citizens
- Possible sex offender registration if linked to other qualifying sex offenses
- Difficulties finding housing or passing background checks in the future
Because these effects can reach so many areas of life, it is important to respond quickly and strategically. At The Law Offices of Scott Gross, P.C., we work with clients to limit both the legal and personal fallout of these charges.
Evidence the Prosecution May Use in an Indecent Exposure Case
To secure a conviction for indecent exposure or public lewdness in New York, prosecutors must prove beyond a reasonable doubt:
- Identity: That you were the individual involved.
- Exposure: That private parts were exposed.
- Setting: That it happened in public or in certain private spaces where others could see you.
- Intent: For public lewdness charges, the act must be intentional and done in a lewd or alarming way.
Prosecutors often rely on evidence such as witness statements, surveillance footage, police body camera recordings, or photographs.
These cases can be highly fact-dependent, and the evidence is not always as clear as it may seem. That is where legal representation makes a difference. At The Law Offices of Scott Gross, P.C., we examine every piece of evidence, challenge weaknesses in the prosecution’s case, and protect your rights throughout the process.
What Should I Do if I’m Accused of Indecent Exposure?
Being accused of indecent exposure under Penal Law § 245.00 or § 245.01 is serious, but how you respond can strongly affect the outcome of your case. Steps to take include:
- Stay calm and follow police instructions. Resisting or arguing with law enforcement at the time of arrest can make the situation worse.
- Use your right to remain silent. Do not explain, argue, or answer questions without an attorney present.
- Avoid discussing the case. Do not talk about the accusation with friends, family, or on social media.
- Contact a lawyer immediately. A defense attorney can step in quickly to protect your rights and guide you through the next steps.
- Preserve evidence. Save any documents, messages, or witness information that could support your defense.
At The Law Offices of Scott Gross, P.C., we respond quickly when clients reach out after an arrest or accusation. The sooner we become involved, the stronger your defense strategy can be.
The Arrest and Arraignment Process in Long Island
If you are arrested for indecent exposure in Long Island, the process usually begins in one of two ways. You may be released with a Desk Appearance Ticket (DAT), requiring you to return to court at a later date, or you may be brought directly to court for arraignment.
At the arraignment, the charges are formally read, bail may be discussed, and the court sets future dates for hearings. Missing a scheduled appearance can lead to additional criminal charges.
Having a defense attorney at this stage is important. At The Law Offices of Scott Gross, P.C., we stand with clients from the very first court appearance, advocate for fair bail terms, and prepare the case strategy that will carry forward through the legal process.
Common Mistakes to Avoid After an Accusation
The steps you take after being accused can either help or hurt your case. To protect yourself, avoid:
- Posting about the case on social media. Anything you share online could be used as evidence against you.
- Contacting the accuser. Direct contact may be viewed as intimidation and can create new legal problems.
- Admitting fault or apologizing. Even casual statements can be misunderstood and used in court.
- Treating the charge as minor. Even a misdemeanor can carry lasting consequences, so it is important to take it seriously.
Avoiding these mistakes gives your defense a stronger foundation. At The Law Offices of Scott Gross, P.C., we guide clients from the start so they know what to do and what not to do while their case is pending.
How Long Does an Indecent Exposure Case Take in Long Island?
The length of an indecent exposure case varies depending on the circumstances, but general timelines include:
- Arraignment: Typically occurs within a few days of arrest.
- Pre-trial motions and hearings: Can take several weeks or months, depending on the issues raised.
- Trial: May last several months or longer if the case is not resolved beforehand.
Delays are common due to evidence collection, ongoing negotiations, or court scheduling. Having a defense lawyer helps manage these delays and keeps your case moving forward. At The Law Offices of Scott Gross, P.C., we guide clients through each step, explain what to expect, and work to reduce the stress of the process.
Frequently Asked Questions
At What Age Can You Get Charged With Indecent Exposure in New York?
In New York, anyone who intentionally exposes intimate body parts in public may face charges under Penal Law § 245.00 or § 245.01. Adults are prosecuted in criminal court, while minors are typically handled in family court under juvenile proceedings. The specific age and circumstances determine whether the case proceeds in adult or juvenile court.
Will I Have to Register as a Sex Offender if Convicted of Public Lewdness in New York?
A conviction for public lewdness under New York Penal Law does not require registration under New York’s Sex Offender Registration Act (SORA).
However, if the same incident involves other qualifying charges, such as sexual abuse or endangering the welfare of a child, registration requirements may apply under those statutes.
Can a Public Lewdness Charge Be Sealed or Expunged From My Record?
In New York, many public lewdness charges can now be sealed automatically. Under the Clean Slate Act (effective November 2024), misdemeanors are sealed after 3 years, and felonies after 8 years, if you complete your sentence and avoid new serious charges. You can also apply to have older cases sealed through a separate court process. However, New York does not allow full expungement (total erasure) of criminal records.
Facing Indecent Exposure Charges? Speak With Our Criminal Defense Attorney in Long Island Today.
At The Law Offices of Scott Gross, P.C., we understand how stressful it is to face indecent exposure charges in Suffolk or Nassau County. The legal process can feel overwhelming, and the consequences, from fines to a lasting criminal record, can affect every part of your life. You do not have to go through this alone.
Once you establish an attorney-client relationship with us, our qualified attorney can listen to your concerns, explain your options, and develop a defense strategy that fits your situation. Contact our law office today at 516-500-9068 or fill out our contact form to schedule a free consultation and take the first step toward moving forward.
Written By Scott Gross
Scott Gross is the founder and lead criminal defense attorney at the Law Offices of Scott Gross. In 2006, Mr. Gross was appointed as an Assistant District Attorney in Suffolk County, New York. Scott Gross has handled thousands of criminal cases at all levels, many of which were high-profile matters followed by various media outlets. Because of his experience in Suffolk County, Mr. Gross is highly-skilled in defense trial techniques and rules of evidence for individuals facing criminal charges.