Tennessee § 39-13-511 - Indecent exposure.

§ 39-13-511. Indecent exposure.

A person commits the offense of indecent exposure who: In a public place or on the private premises of another, or so near thereto as to be seen from the private premises: Intentionally: Exposes the person's genitals or buttocks to another; or Engages in sexual contact or sexual penetration as defined in § 39-13-501; and Reasonably expects that the acts will be viewed by another and the acts: Knowingly invites, entices or fraudulently induces the child of another into the person's residence for the purpose of attaining sexual arousal or gratification by intentionally engaging in the following conduct in the presence of the child: Will offend an ordinary viewer; or Are for the purpose of sexual arousal and gratification of the defendant; or Exposure of such person's genitals, buttocks or female breasts; or Masturbation; or Knowingly engages in the person's own residence, in the intended presence of any child, for the defendant's sexual arousal or gratification the following intentional conduct: Exposure of the person's genitals, buttocks or female breasts; or Masturbation. No prosecution shall be commenced for a violation of subdivision (a)(1)(B)(ii)(a ) based solely upon the uncorroborated testimony of a witness who shares with the accused any of the relationships described in § 36-3-601(5). For subdivision (a)(1)(B)(i) or (a)(1)(B)(ii) to apply, the defendant must be eighteen (18) years of age or older and the child victim must be less than thirteen (13) years of age. “Indecent exposure,” as defined in subsection (a), is a Class B misdemeanor, unless subdivision (b)(2), (b)(3) or (b)(4) applies. If the defendant is eighteen (18) years of age or older and the victim is under thirteen (13) years of age, indecent exposure is a Class A misdemeanor. If the defendant is eighteen (18) years of age or older and the victim is under thirteen (13) years of age, and the defendant has any combination of two (2) or more prior convictions under this section or § 39-13-517, or is a sexual offender, violent sexual offender or violent juvenile sexual offender, as defined in § 40-39-202, the offense is a Class E felony. If the defendant is eighteen (18) years of age or older and the victim is under thirteen (13) years of age, and the offense occurs on the property of any public school, private or parochial school, licensed day care center or other child care facility during a time at which a child or children are likely to be present on the property, the offense is a Class E felony. A person confined in a penal institution, as defined in § 39-16-601, commits the offense of indecent exposure who with the intent to abuse, torment, harass or embarrass a guard or staff member: Intentionally exposes the person's genitals or buttocks to the guard or staff member; or Engages in sexual contact as defined in § 39-13-501. For purposes of this subsection (c): “Guard” means any sheriff, jailer, guard, correctional officer, or other authorized personnel charged with the custody of the person; and “Staff member” means any other person employed by a penal institution or who performs ongoing services in a penal institution, including, but not limited to, clergy, educators, and medical professionals. Notwithstanding subsection (b), a violation of this subsection (c) is a Class A misdemeanor. This section does not apply to a mother who is breastfeeding her child in any location, public or private. As used in this section, “public place” means a place to which the public or a group of persons has access and includes, but is not limited to, highways, transportation facilities, schools, places of amusement, parks, places of business, playgrounds and hallways, lobbies, and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence, and a restroom, locker room, dressing room, or shower, designated for multi-person, single-sex use. An act is deemed to occur in a public place if it produces its offensive or proscribed consequences in a public place. Acts 1989, ch. 591, § 1; 1990, ch. 980, § 33; 1994, ch. 542, §§ 1-3; 1998, ch. 755, § 1; 1999, ch. 189, § 1; 2006, ch. 617, § 2; 2007, ch. 209, § 1; 2009, ch. 414, §§ 1, 2; 2011, ch. 91, § 2; 2012, ch. 885, § 1; 2012, ch. 1076, § 1; 2019, ch. 45, §§ 1, 2; 2019, ch. 251, §§ 1, 2. Sentencing Commission Comments. The offense of indecent exposure, found in subsection (b), expands prior law by including acts of sexual contact or sexual penetration in a public place, as defined in § 39-11-106 , or on the private premises of another, or where the activity may be seen from the private premises of another. Additionally, under subdivision (b)(1)(B), the defendant must reasonably expect the acts to be viewed by another and the offended person must be an “ordinary viewing person.” In 1994, the general assembly created a new offense of public indecency, which is codified in subsection (a). This section expands prior law by including acts of sexual contact or sexual penetration in a public place or on the private premises of another, or where the activity may be seen from the private premises of another. Additionally, under subdivision (a)(2) (now (b)(1)(B)), the defendant must reasonably expect the acts to be viewed by another and the offended person must be an “ordinary viewing person.” Compiler's Notes. Acts 1994, ch. 542, § 4 provided that if any provision of the amendments by that act or the application thereof to any person or circumstance is held invalid, then all provisions and applications of this section by that act are invalid and void. Acts 2012, ch. 1076, § 1, effective May 21, 2012, and Acts 2012, ch. 885, § 1, effective July 1, 2012, amended this section. Chapter 1076 rewrote subdivision (b)(2). From May 21, 2012, until July 1, 2012, subsection (b)(2) read: “(2) ‘Indecent exposure’ as defined in subdivision (b)(1), is a Class B misdemeanor, unless the defendant is eighteen (18) years of age or older and the victim is under thirteen (13) years of age, in which event, indecent exposure is a Class A misdemeanor. Additionally, ‘indecent exposure’ as defined in subdivision (b)(1) is a Class E felony when the defendant is eighteen (18) years of age or older, the victim is under thirteen (13) years of age, and the defendant has any combination of two (2) or more prior convictions under this section or is a sexual offender, violent sexual offender or violent juvenile sexual offender, as defined in § 40-39-202 .” Chapter 885 rewrote this section to read as set out above; however, the amendments to subsection (b) by ch. 1076 remained effective. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Amendments. The 2019 amendment, by ch. 45, in (c), substituted “guard or staff member” for “guard” in the introductory language of (c)(1) and (c)(1)(A); and rewrote (c)(2) which read: “For purposes of this subsection (c), “guard” means any sheriff, jailer, guard, correctional officer or other authorized personnel charged with the custody of the person.” The 2019 amendment by ch. 251 deleted “, as defined in § 39-11-106 ,” following “In a public place” at the beginning of (a)(1)(A); and added (e). Effective Dates. Acts 2019, ch. 45, § 3. July 1, 2019. Acts 2019, ch. 251, § 3. July 1, 2019. Cross-References. Abuse, neglect, or sexual abuse, § 37-5-512 . Breastfeeding, § 68-58-101 et seq. Child abuse, title 39, ch. 15, part 4. Culpability, title 39, ch. 11, part 3. Exposure of child to nudist colony prohibited, § 36-6-304 . Obscenity, title 39, ch. 17, part 9. Penalties for Class A and B misdemeanors, § 40-35-111 . Penalty for Class E felony, § 40-35-111 . Attorney General Opinions. Constitutionality of public indecency law, OAG 93-39 (4/28/93). A person who has been convicted of three or more counts of indecent exposure in violation of T.C.A. § 39-13-511 is a sexual offender as defined in T.C.A. § 40- 39-202(17)(A)(vii) and is therefore required to register pursuant to T.C.A. § 40-39-203 , OAG 07-164 (12/13/07).