Exposure of a Person Defense in New York

A Violation, Not a Crime, but Worth Getting Right

Exposure of a person is the charge for being undressed in public. It is the ticket written after a public urination stop outside a bar on Caroline Street, a skinny-dip at Lake George or the Sacandaga, or a dare that went wrong at a party. Under Penal Law 245.01 it is a violation, the lowest level of offense in New York, and a conviction cannot carry more than 15 days in jail. It is not a sex crime and it does not trigger sex offender registration.

The reason to take it seriously is what it can turn into. The same facts can be charged as public lewdness, a misdemeanor with a criminal record, and the difference between the two comes down to intent and manner. Attorney Andrew DeLuca handles these cases in the town, village, and city courts of Saratoga, Warren, Washington, Fulton, and Montgomery Counties, and the usual goal is a dismissal or a disposition that leaves no record at all.

To talk to Andrew directly, at any time call 518-245-9109

Penalties for Exposure of a Person

• Jail: a definite sentence of up to 15 days under Penal Law 70.15
• Fine: up to $250 under Penal Law 80.05
• Conditional discharge: one year, with conditions the court sets
• Probation: not available; Penal Law 65.00 authorizes probation only on conviction of a crime, and a violation is not one
• Sex offender registration: none; no Article 245 offense appears in Correction Law 168-a

In practice, first-time exposure cases in the local courts of this region usually resolve with a conditional discharge and a fine, an adjournment in contemplation of dismissal, or a dismissal, not jail.

The Record: Sealing and Dismissal

Because exposure is a violation, a conviction is partly sealed automatically under CPL 160.55: fingerprints and photographs are destroyed or returned, and the records held by the Division of Criminal Justice Services, the arresting agency, and the District Attorney are sealed unless the prosecutor shows the court that the interests of justice require otherwise. The court file itself is not covered by that section. An adjournment in contemplation of dismissal under CPL 170.55, available with the prosecutor’s consent, is better still: the charge is dismissed after six months without a new arrest, and the statute says an ACD is not a conviction or an admission of guilt. Details on sealing routes are on our record sealing page.

How Exposure Charges Are Defended

• Public place. The statute reaches only a public place. A fenced backyard, a private beach, a car with tinted windows, or a wooded spot off a trail may not qualify, and the location is the first thing to examine.
• What was actually exposed. The charge requires private or intimate parts, as the statute defines them. A shirtless man, a bathing suit, or a wardrobe malfunction that showed less than the officer assumed does not meet the element.
• The exemptions and local law. Breastfeeding and performance are expressly excluded, and Santorelli limits the statute’s reach for non-lewd conduct by women. Where a local law is the real basis for the stop, its text controls.
• Keeping it a violation. Where the ticket says public lewdness, the defense is often to show there was nothing lewd about it: relieving oneself behind a building at 2 a.m. is exposure or disorderly conduct, not a sex crime.
• The disposition. With a clean record, an ACD or a dismissal is a realistic outcome in most local courts, and it is the outcome that leaves no trace on an employment background check.

Exposure Cases in Saratoga Springs, Lake George, and the Capital Region

These charges cluster where crowds and alcohol do: downtown Saratoga Springs during track season and SPAC concerts, Lake George Village in summer, the Great Sacandaga Lake shoreline, and college weekends. They are heard in Saratoga Springs City Court, Lake George Town Court, and the other local courts of Saratoga and Warren Counties, where Attorney DeLuca appears regularly. Related pages: Public Lewdness, Disorderly Conduct, College Student Defense, and What Happens After an Arrest.