Expert: Philip Sweeting - 3/12/2004

Question
Mr. Sweeting,

I have been wondering what U.S. law is in place concerning indecent exposure; and, specifically, exhibitionism: the act of performing a sexual act singularly or with one or multiple partners in public.  Up to what point is an arrest lawful under these circumstances?  Because I know that people are allowed to kiss and fondle one another in public as long as it is conceptual without being one, or both, of them being arrested.  But, up to what point is the threshold crossed, and if a policeman or woman were to see, they could be arrested?  Just to throw some thoughts out there: masturbation, a man lifting up a woman's blouse and fondling her breasts, or even a man and a woman engaging in sexual intercourse.  Keep in mind that I am asking all of this under the reference that it is all conceptual and both parties engaged are wanting if to take place.

And lastly, along with the above, are there any such things as "public arrests"?  Because I remember from my days of childhood hearing that term in cartoons and/o sitcoms.  And, if there is such a thing as this, how does one go about executing it without being unlawful and opening the door for a lawsuit to be brought against them?

Answer
As for indecent exposure each state has their own specific laws and penalities but generally speaking if you expose any of your sexual organs below the waist to the public, it is considered indecent by most standards; however I do recall a case where an individual exposed himself but his defense was that he was urniating. The judge found that that was a natural act and dismissed the case.

As for public arrest, I assume you mean citizen's arrest. You read all the time where some citizens detained an individual who was breaking the law for the police. The citizen is not actually arresting the person. This can be dangerous and I would not advise it. You can be hurt and sued.