Indiana criminal charge
Public indecency in Indiana
Public indecency is a criminal offense under Indiana law, defined by Ind. Code § 35-45-4-1. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 35-45-4-1.
What is the penalty for public indecency in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Public indecency in a public place (sexual conduct/nudity/fondling) — A person knowingly or intentionally engages in sexual intercourse, other sexual conduct, arousal-intent nudity, or fondling in a public place.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Public indecency in a public place (sexual conduct/nudity/fondling) — A person knowingly or intentionally engages in sexual intercourse, other sexual conduct, arousal-intent nudity, or fondling in a public place.) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | up to 1 year (Public indecency — nudity intended to be seen by a child — A person at least 18 years old knowingly or intentionally appears nude in a public place intending to be seen by a child under 16.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Public indecency — nudity intended to be seen by a child — A person at least 18 years old knowingly or intentionally appears nude in a public place intending to be seen by a child under 16.) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | 6 months to 30 months (Public indecency — repeat offender — The person committing the offense under subsection (a) or (b) has a prior unrelated conviction under subsection (a) or (b).; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Public indecency — repeat offender — The person committing the offense under subsection (a) or (b) has a prior unrelated conviction under subsection (a) or (b).) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | up to 60 days (Indecent exposure — A person in a non-public place, intending to be seen by non-invitees/non-occupants, engages in sexual intercourse, other sexual conduct, fondling, or nudity while visible to such persons.) | discretionary | Ind. Code § 35-50-3-4 |
| Fine | up to $500 (Indecent exposure — A person in a non-public place, intending to be seen by non-invitees/non-occupants, engages in sexual intercourse, other sexual conduct, fondling, or nudity while visible to such persons.) | discretionary | Ind. Code § 35-50-3-4 |
Applies to current.
How is public indecency classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Public indecency in a public place (sexual conduct/nudity/fondling) | Class A Misdemeanor | A person knowingly or intentionally engages in sexual intercourse, other sexual conduct, arousal-intent nudity, or fondling in a public place. | Ind. Code § 35-45-4-1(a) |
| Public indecency — nudity intended to be seen by a child | Class A Misdemeanor | A person at least 18 years old knowingly or intentionally appears nude in a public place intending to be seen by a child under 16. | Ind. Code § 35-45-4-1(b) |
| Public indecency — repeat offender | Level 6 Felony | The person committing the offense under subsection (a) or (b) has a prior unrelated conviction under subsection (a) or (b). | Ind. Code § 35-45-4-1(c) |
| Indecent exposure | Class C Misdemeanor | A person in a non-public place, intending to be seen by non-invitees/non-occupants, engages in sexual intercourse, other sexual conduct, fondling, or nudity while visible to such persons. | Ind. Code § 35-45-4-1(e) |
Common questions about public indecency in Indiana
Is public indecency a felony or a misdemeanor in Indiana?
It depends on the circumstances: public indecency ranges from a Class C Misdemeanor to a Level 6 Felony in Indiana under Ind. Code § 35-45-4-1.
Public indecency in a public place (sexual conduct/nudity/fondling): Class A Misdemeanor (Ind. Code § 35-45-4-1(a)) · Public indecency — nudity intended to be seen by a child: Class A Misdemeanor (Ind. Code § 35-45-4-1(b)) · Public indecency — repeat offender: Level 6 Felony (Ind. Code § 35-45-4-1(c)) · Indecent exposure: Class C Misdemeanor (Ind. Code § 35-45-4-1(e))
What are the penalties for public indecency in Indiana?
Which Indiana statute covers public indecency?
Public indecency is governed by Ind. Code § 35-45-4-1 (Public indecency).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.