Indiana statute

Ind. Code § 35-45-4-1 — Public indecency

Current through 2026 Regular Session

Part of Chapter 4: Indecent Acts and Prostitution, Indiana Code.

Criminal charges under this statute

Public indecency

Full text of Ind. Code § 35-45-4-1

Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.

Ind. Code § 35-45-4-1Primary source, current through the 2026 Regular Session

Sec. 1. (a) A person who knowingly or intentionally, in a public place: (1) engages in sexual intercourse; (2) engages in other sexual conduct (as defined in IC 35-31.5-2-221.5 ); (3) appears in a state of nudity with the intent to arouse the sexual desires of the person or another person; or (4) fondles the person's genitals or the genitals of another person; commits public indecency, a Class A misdemeanor. (b) A person at least eighteen (18) years of age who knowingly or intentionally, in a public place, appears in a state of nudity with the intent to be seen by a child less than sixteen (16) years of age commits public indecency, a Class A misdemeanor. (c) However, the offense under subsection (a) or (b) is a Level 6 felony if the person who commits the offense has a prior unrelated conviction under subsection (a) or (b). (d) As used in this section, "nudity" means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of covered male genitals in a discernibly turgid state. (e) A person who, in a place other than a public place, with the intent to be seen by persons other than invitees and occupants of that place: (1) engages in sexual intercourse; (2) engages in other sexual conduct (as defined in IC 35-31.5-2-221.5 ); (3) fondles the person's genitals or the genitals of another person; or (4) appears in a state of nudity; where the person can be seen by persons other than invitees and occupants of that place commits indecent exposure, a Class C misdemeanor.

Official sources

Legal terms used in this section

Questions this section answers

Is public indecency a felony or a misdemeanor in Indiana?

It depends on the circumstances: public indecency ranges from a Class C Misdemeanor to a Level 6 Felony in Indiana under Ind. Code § 35-45-4-1.

Public indecency in a public place (sexual conduct/nudity/fondling): Class A Misdemeanor (Ind. Code § 35-45-4-1(a)) · Public indecency — nudity intended to be seen by a child: Class A Misdemeanor (Ind. Code § 35-45-4-1(b)) · Public indecency — repeat offender: Level 6 Felony (Ind. Code § 35-45-4-1(c)) · Indecent exposure: Class C Misdemeanor (Ind. Code § 35-45-4-1(e))

Which Indiana statute covers public indecency?

Public indecency is governed by Ind. Code § 35-45-4-1 (Public indecency).

This reference is informational and is not legal advice.