There Is A Crack In Illinois’s Indecent Exposure Law

The charge of 'indecent exposure' may not cover as much as you think it does in Illinois.

You can be charged with indecent exposure (or 'public indecency' in Illinois) for a number of reasons. Maybe you're caught getting it on in your car. Maybe you're just hardcore showboating for a guy or gal one night at the bar. But Illinois's public indecency law has a loophole in it when it comes to your birthday suit.

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First, If You're Caught, It's Expensive

Before we get to the loophole, you'll pay a pretty penny if you're charged with public indecency in Illinois. If it's your first offense, it's a Class A misdemeanor that can have a fine of up to $2,500 and one year in jail. It's a Class 4 felony though if you're acting a fool within 500 feet of an elementary or secondary school when the kids are there.

When You Can Let It All Hang Out

Believe it or not, you kind of actually can.

Illinois law doesn't have an issue with you just being naked. It's a problem if it's done "with intent to arouse or to satisfy the sexual desire of the person".

Specifically, the law defines public indecency as anyone who is 17 or older caught buttering the biscuit in a public place or a "lewd exposure of the body" with the intent to rile someone up.

But also, you don't have to be naked in Illinois to get charged with public indecency. Criminal Lawyer Illinois says that, clothed or unclothed, if you're caught getting dirty you can get charged.

The law also says that one thing that does not count as public indecency is breastfeeding.

It's still risky to try to run around naked, but if it's clear you're not doing it to flip anyone's on switch, you just might be okay.