What Happens If I Am Charged With Indecent Exposure (TCA § 39-13-511) in Memphis, TN?

It’s the kind of charge that makes your stomach drop—fast. And once it’s out there, it’s hard to take back.

A charge like indecent exposure can leave you feeling ashamed, confused, and afraid of what comes next. Maybe it was a misunderstanding. Maybe it was a moment that got blown out of proportion. But now you’re facing a criminal accusation—and it’s not just your record at stake. It’s your job, your relationships, your future.

At Harvey Criminal Defense Lawyers, we know how heavy this moment feels. You’re not alone, and you’re not without options. The first step is understanding what the charge really means—and what you can do to protect yourself.

No one plans for this kind of accusation. But how you respond right now can make all the difference.

What Does a Charge of Indecent Exposure in Tennessee Mean?

Under Tennessee Code Annotated § 39-13-511, indecent exposure means intentionally exposing your private parts in a way that others can see—usually in public or near someone else’s property—and doing so with the understanding that the act will be offensive or sexually motivated.

This includes:

• Exposing your genitals or buttocks where others are likely to see
• Engaging in sexual activity or contact in a place visible to others
• Doing these things with the intent to shock, offend, or seek sexual gratification

The law also covers more serious scenarios, such as exposure or sexual behavior in front of a child, even if it happens inside your own home. If the act is done on purpose and for the adult’s sexual arousal it can be considered indecent exposure under the law.

Importantly, not all nudity is illegal. The key factors are intent, location, and who can see you. Public breastfeeding, for example, is specifically exempt and fully protected under Tennessee law.

What Penalties Am I Facing?

The consequences of an indecent exposure conviction in Memphis depend on several factors, including prior offenses and the circumstances of the incident:

For a first offense (Class B Misdemeanor):

• Up to 6 months in jail
• Fines up to $500
• Probation
• Possible community service

If a minor under 13 was present (Class A Misdemeanor):

• Up to 11 months, 29 days in jail
• Fines up to $2,500
• Extended probation
• Mandatory counseling

For third or subsequent offenses (Class E Felony):

• 1-6 years in state prison
• Fines up to $3,000
• Extended probation
• Mandatory treatment programs

If the offense occurred on school property or other locations primarily used by minors:

• Enhanced penalties
• Longer probation periods
• Potential sex offender registration in extreme cases

A conviction for indecent exposure can follow you long after the sentence ends. It can affect your job, housing, relationships, and reputation for years to come. And if a child or school property is involved, the stakes are even higher.

What Happens Next in the Memphis Court System?

If you’ve been charged with indecent exposure in Memphis, here’s what typically happens next:

1. Arrest and Booking: You’ll be photographed, fingerprinted, and your information will be entered into the system.
2. Initial Appearance/Arraignment: Within 48-72 hours, you’ll appear before a judge who will inform you of the charges, set bail if applicable, and determine if you need a public defender or have private counsel.
3. Preliminary Hearing: For misdemeanor charges, this may be combined with other hearings. For felony charges, the judge determines if there’s probable cause to proceed.
4. Grand Jury Review: The prosecutors will present evidence in a secret, one-sided meeting with the grand jury where you and your lawyer are prohibited from giving evidence in your favor, and the grand jury will almost always indict you
5. Discovery Phase: Your attorney will receive evidence from the prosecution and begin building your defense.
6. Plea Negotiations: Your attorney may negotiate with prosecutors for reduced charges or alternative sentencing.
7. Trial: If a plea agreement isn’t reached, your case will proceed to trial.
8. Sentencing: If convicted, the judge will determine your sentence based on Tennessee sentencing guidelines.

Each step in the court system is an opportunity to protect your rights and your future, but only if you have the right advocate by your side. What happens in those first few hearings can shape the entire outcome of your case.

What Defenses Work in Indecent Exposure Cases?

Every case is unique, but there are several common defense strategies that might apply to indecent exposure charges:

• Lack of intent: The exposure was accidental, not intentional
• No reasonable expectation of viewing: You had reason to believe no one would see you
• No intent to alarm or offend: The context doesn’t support this element of the charge
• Mistaken identity: You weren’t the person who committed the act
• Constitutional violations: Your rights were violated during the arrest or investigation
• Mental health considerations: Certain conditions may affect criminal liability

Indecent exposure charges are often built on assumptions, blurred context, or one person’s word against another’s. But with the right legal strategy, those assumptions can be challenged, and those charges can be reduced, dismissed, or even dropped altogether.

What About My Job and Reputation?

An indecent exposure conviction can affect your life well beyond any jail time or fines:

• Employment difficulties: Many employers conduct background checks
• Housing challenges: Landlords may reject applicants with criminal records
• Professional license issues: Some professions require disclosure of criminal convictions
• Educational barriers: Certain academic programs have character and fitness requirements
• Relationship strain: The stigma of the charge can affect personal relationships
• Immigration consequences: Non-citizens may face deportation for certain convictions

At Harvey Criminal Defense Lawyers, we understand what’s really at stake, and we fight not just to defend you in court, but to protect your future outside of it.

Frequently Asked Questions

Can indecent exposure charges be expunged from my record in Tennessee?

For first-time misdemeanor offenses, expungement may be possible after completing all terms of your sentence and waiting the required period (typically 5 years). Felony indecent exposure charges have more limited expungement options. We can help determine if you qualify.

Will I have to register as a sex offender for indecent exposure in Tennessee?

Generally, a single indecent exposure conviction doesn’t require sex offender registration in Tennessee. However, multiple offenses or certain aggravating factors could trigger registration requirements. Each case must be evaluated individually.

What if the exposure was accidental?

Intent is a key element of the crime. If we can demonstrate the exposure was truly accidental (wardrobe malfunction, private area believed to be private, etc.), this can form the basis of a strong defense.

How does public urination relate to indecent exposure charges?

Public urination can sometimes lead to indecent exposure charges in Memphis if the prosecution believes the elements of the offense were met. However, context matters greatly, and we can often negotiate for reduced charges like public intoxication or disorderly conduct.

Can I lose my job due to an indecent exposure charge?

Employment consequences vary widely depending on your profession, employer policies, and whether the charge results in a conviction. Some employers have morality clauses or professional standards that could be triggered by such charges.

Don’t Face Indecent Exposure Charges Alone – Here’s How We Can Help

If you’re facing indecent exposure charges in Memphis, having experienced legal representation is crucial. At Harvey Criminal Defense Lawyers, we approach your case with:

• Thorough investigation: We examine all evidence and circumstances surrounding your case
• Strategic defense planning: We develop customized defense strategies based on your specific situation
• Compassionate guidance: We provide support throughout this difficult process
• Negotiation prowess: We work to achieve the best possible outcome through skilled negotiation
• Trial readiness: If necessary, we’re fully prepared to defend you in court

Contact Harvey Criminal Defense Lawyers today for a confidential consultation. We’ll listen to your story without judgment and help you understand your options for moving forward. Your future is worth fighting for, and we’re ready to stand by your side.