Legal Question in Criminal Law in Virginia

Indecent Exposure

Parked in a grocery store parking lot, a man was seated on the

driver's side talking on the phone and rubbing himself through his

jeans. Without his knowing, a jeep pulled up two spaces away on

the passenger side. The driver went inside. Two pre-teen girls in

the back see him ( though somewhat hidden )for a few seconds

and become upset .

My questions are: Does the law say he has commited indecent

exposure? Doe's he have any privacy in his car? Does it matter

that it wasn't intentional or that he was not exposed? What should

he expect to happen if a complaint is filed?


Asked on 5/15/04, 3:11 pm

1 Answer from Attorneys
Richard S. Stolker Uptown Law, LLC

Re: Indecent Exposure

It is not indecent exposure, which requires public display of one's private parts. The statute is Code of Virginia, � 18.2-387. Indecent exposure.

"Every person who intentionally makes an obscene display or exposure of his person, or the private parts thereof, in any public place, or in any place where others are present, or procures another to so expose himself, shall be guilty of a Class 1 misdemeanor. No person shall be deemed to be in violation of this section for breast feeding a child in any public place or any place where others are present."

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Answered on 5/15/04, 3:39 pm


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