Indecent exposure is any open and obscene exposure of a body part that causes alarm or affront to a reasonable person. Indecent exposure is a misdemeanor, except that if the person who sees you is under 14, then it is a gross misdemeanor.
If you have a prior indecent exposure conviction or if you have a prior sex offense conviction, then it is a Class C Felony. In order to convict someone of indecent exposure, the prosecution must prove that the exposure was obscene and that you did not try to hide it. In other words, if a man is several feet off of a hiking trail and urinating against a tree or of the wind blows a woman’s skirt up, a criminal defense attorney could argue that the exposure was not open or was not obscene.
Even though indecent exposure is only a misdemeanor and does not require sex offender registration, it is important to take the charges seriously. In Washington a second conviction is a felony. If you were to move to another state, or even travel there, you could be required to register as a sex offender under the laws of that state. Finally, even if you are not required to register as a sex offender, someone viewing your criminal record might see you as a sex offender.
