Indecent exposure is a criminal offence under the Sexual Offences Act 2003, and anyone found guilty may face serious penalties. While many people associate exposure with less serious offences or so-called "minor incidents," the courts do not treat these cases lightly - especially where intent, distress or repeat behaviour is involved.

This blog outlines how exposure sentencing guidelines work in England and Wales. Tyler Hoffman’s expert defence solicitors will explain what constitutes indecent exposure, what the sentencing framework looks like, the role of aggravating and mitigating factors, and what happens if you’re required to sign the Sex Offenders Register.

Should you be accused of or charged with this offence, understanding how the law approaches indecent exposure will help you take the right steps early on and secure appropriate legal representation.

What constitutes indecent exposure?

The offence of indecent exposure is set out in Section 66 of the Sexual Offences Act 2003. A person commits this offence if they intentionally expose their genitals, and intend that someone will see them and experience alarm or distress as a result.

This is a crime of specific intent, meaning the prosecution must prove that the exposure was deliberate and that the person intended to cause distress. It is not enough to show that someone witnessed the act; the court must be satisfied that the exposure was intentional and based on a desire to cause a reaction.

Common scenarios that may constitute indecent exposure include exposing oneself in public parks, near schools, on public transport or in front of individuals who are clearly alarmed. Context is key. For example, being naked in a public place is not necessarily a criminal offence unless the specific criteria are met. However, if the intent to cause alarm or distress can be proven, a charge is likely to follow.

How do the sentencing guidelines for indecent exposure work?

The Sentencing Council provides guidance to courts on how to deal with indecent exposure cases. The offence can be tried either in the Magistrates' Court or the Crown Court, depending on the seriousness of the behaviour involved - factors such as repeated offences, targeting specific individuals or causing high levels of harm or distress could escalate the case to the Crown Court.
Upon summary conviction in the Magistrates' Court, the maximum sentence is six months' imprisonment. However, if the case is deemed serious enough to be referred to the Crown Court, the maximum prison sentence increases to two years.

Judges and magistrates use a sentencing framework that considers the level of harm caused and the offender’s culpability. For example:

• Low culpability might involve a one-off incident with no targeting of a specific victim.
• High culpability could involve repeat offences, targeting vulnerable individuals or deliberate actions in places like playgrounds or near schools.

Sentences can range from a community order to a custodial sentence, depending on the case specifics.

What are the aggravating and mitigating factors?

Sentencing for indecent exposure is shaped not only by the facts of the offence but also by specific aggravating and mitigating factors. These help the court determine how serious the behaviour was and what kind of penalty is appropriate.

Aggravating factors include:

• Previous convictions for sexual offences.
• Targeting a specific individual.
• Repeat offending.
• Exposure in areas where children are likely to be present.
• Evidence of threatening behaviour.

Where one or more of these factors are present, the court may view the offence as more serious, increasing the likelihood of a higher sentence, including the possibility of custody.

Mitigating factors that may reduce the sentence include:

• No previous convictions.
• A clear expression of remorse.
• Mental health conditions affecting judgement.
• Evidence that the incident was out of character.
• Early guilty plea.

At Tyler Hoffman, our solicitors will seek to present any relevant mitigating circumstances to make sure your sentence is fair and not excessively harsh. These circumstances may lead the court to impose a more lenient sentence, such as a community order or suspended sentence. Courts also weigh the impact on the victim, including any emotional harm, fear or long-term distress experienced as a result of the offence.

Will you have to sign the Sex Offenders Register?

A conviction for indecent exposure almost always results in the defendant being required to sign the Sex Offenders Register. The length of time you must remain on the register depends on the sentence imposed by the court:

• Custodial sentence (up to two years): registration period is typically 10 years.
• Suspended sentence or community order: registration usually lasts 5 years.
• Conditional discharge: registration applies for the duration of the discharge.

Being on the register brings a range of notification requirements, such as disclosing your home address, notifying the police of any foreign travel and attending regular check-ins. These obligations can have a serious impact on day-to-day life, including your employment options, housing arrangements and freedom to travel.

What happens if you’ve been falsely accused?

False accusations of indecent exposure are serious and require immediate legal advice. These cases can have lasting reputational damage even if no conviction is made. If you’ve been falsely accused:

• Do not contact the accuser.
• Record your version of events in detail.
• Collect any evidence, such as CCTV, messages or witness accounts.
• Seek legal advice before answering questions at the police station.

A solicitor can help you to challenge the allegation by questioning the intent behind the act, whether exposure occurred at all and whether any distress was genuinely caused. In some cases, digital evidence, location records or witness testimony can prove decisive.