North Carolina § 14-190 - 9. Indecent exposure.

§ 14-190. 9. Indecent exposure.

Unless the conduct is punishable under subsection (a1) of this section, any person who shall willfully expose the private parts of his or her person in any public place and in the presence of any other person or persons, except for those places designated for a public purpose where the same sex exposure is incidental to a permitted activity, or aids or abets in any such act, or who procures another to perform such act; or any person, who as owner, manager, lessee, director, promoter or agent, or in any other capacity knowingly hires, leases or permits the land, building, or premises of which he is owner, lessee or tenant, or over which he has control, to be used for purposes of any such act, shall be guilty of a Class 2 misdemeanor. Unless the conduct is prohibited by another law providing greater punishment, any person at least 18 years of age who shall willfully expose the private parts of his or her person in any public place in the presence of any other person less than 16 years of age for the purpose of arousing or gratifying sexual desire shall be guilty of a Class H felony. An offense committed under this subsection shall not be considered to be a lesser included offense under G.S. 14-202.1. Unless the conduct is prohibited by another law providing greater punishment, any person who shall willfully expose the private parts of his or her person in the presence of anyone other than a consenting adult on the private premises of another or so near thereto as to be seen from such private premises for the purpose of arousing or gratifying sexual desire is guilty of a Class 2 misdemeanor. Unless the conduct is punishable by another law providing greater punishment, any person at least 18 years of age who shall willfully expose the private parts of his or her person in a private residence of which they are not a resident and in the presence of any other person less than 16 years of age who is a resident of that private residence shall be guilty of a Class 2 misdemeanor. Unless the conduct is prohibited by another law providing greater punishment, any person located in a private place who shall willfully expose the private parts of his or her person with the knowing intent to be seen by a person in a public place shall be guilty of a Class 2 misdemeanor. Notwithstanding any other provision of law, a woman may breast feed in any public or private location where she is otherwise authorized to be, irrespective of whether the nipple of the mother's breast is uncovered during or incidental to the breast feeding. Notwithstanding any other provision of law, a local government may regulate the location and operation of sexually oriented businesses. Such local regulation may restrict or prohibit nude, seminude, or topless dancing to the extent consistent with the constitutional protection afforded free speech. History (1971, c. 591, s. 1; 1993, c. 301, s. 1; c. 539, s. 124; 1994, Ex. Sess., c. 24, s. 14(c); 1998-46, s. 3; 2005-226, s. 1; 2015-250, ss. 2, 2.1, 2.3.) Editor's Note. - Session Laws 1971, c. 591, which enacted this section, in s. 2, provided: "Every word, clause, sentence, paragraph, section, or other part of this act shall be interpreted in such manner as to be as expansive as the Constitution of the United States and the Constitution of North Carolina permit." Session Laws 2015-250, s. 3, made subsections (a2), (a4), and (a5), as added by Session Laws 2015-250, ss. 2, 2.1 and 2.3, effective December 1, 2015, and applicable to offenses committed on or after that date and to actions initiated on or after that date. Effect of Amendments. - Session Laws 2005-226, s. 1, effective December 1, 2005, and applicable to offenses committed on or after that date, in subsection (a), substituted "Unless the conduct is punishable under subsection (a1) of this section, any" for "Any" and "except for those places designated for a public purpose where the same sex exposure is incidental to a permitted activity" for "of the opposite sex"; and added subsection (a1). Session Laws 2015-250, ss. 2, 2.1, 2.3, effective December 1, 2015, added subsections (a2), (a5), and (a4), respectively. For applicability, see editor's note. Legal Periodicals. - For article discussing whether buttocks are properly classified as private parts within the meaning of this section, see 22 Campbell L. Rev. 253 (2000).