William D. Kickham
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Indecent Exposure

Flasher in park

This crime is somewhat similar to, but not the same as, Open and Gross Conduct/Lewd and Lascivious Behavior – which is a more serious offense. The difference between the two is the category of offenses that each crime belongs to, and the different legal elements that make up each crime.

Indecent Exposure consists of the intentional exposure of one’s genitals to one or more persons, causing offense to that person(s) in the process. It is irrelevant whether or not the exposure occurred in public or private, and the offense is classified as a misdemeanor. In order for a person to be convicted of indecent exposure, the Commonwealth must prove certain legal elements of this crime. Specifically, the prosecution must prove beyond a reasonable doubt that the defendant:

(1) exposed his or her genitals to one or more persons
(2) did so intentionally
(3) offended at least one person in the process

This charge is commonly brought when an intoxicated person urinates in public, in view of other people, or in cases of (sexual) exhibitionism. As an important legal technicality, a charge of “indecent exposure” cannot be brought forward if a person exposed his or her buttocks, female breasts, or pubic hair. The crime applies to genitalia only.

The main legal difference between the crimes of Indecent Exposure and Open and Gross/ Lewdness and Lascivious Behavior is that “Open and Gross” includes an additional element that the act must be committed in a manner that was designed to cause alarm or shock to whoever witnessed it.


The punishment following a conviction of “indecent exposure” is less than what follows a conviction for Open and Gross Conduct/Lewd and Lascivious Behavior. As a misdemeanor offense, “indecent exposure” carries a maximum sentence of six months in a County Jail/House of Correction, and/or a fine of up to $200.00. Aside from the potential for jail sentence, the real risk to a defendant charged with this crime is the damage that will result to his or her name and reputation if a conviction results.

Your Choice of Defense Attorney.

If you someone you care about has been accused of or arrested for indecent exposure, lewdness and lascivious behavior, or any Massachusetts sex crime, an experienced Massachusetts Sex Crimes Defense Attorney is going to be needed. Do not hire an attorney who does not have extensive experience defending Massachusetts sex crimes, and don’t “shop” for an attorney based on fees. At the Law Office of William D. Kickham and Associates, we have a history of producing superior legal results for our clients. Click on our Proven Results Page to see what just some of what our criminal defense clients have had to say about Attorney William Kickham. Or click on Attorney Kickham’s Professional Avvo rating

Call us at Ph.: (781) 320-0062, or Ph.: (617) 285-3600, and we’ll provide you with a free initial consultation. Or email us here for a free consultation. We will review all the allegations and the facts involved, and Attorney Kickham give you his direct opinion regarding your case. We will explain clearly what the weak or strong points in your case are, and we’ll discuss exactly how we can help you. We will do all of this as part of a free initial consultation, and you’ll be under no obligation from there. You have nothing to lose, and everything to gain, by calling us. The faster we can begin defending you in court, the better off you are going to be.

We appear before all District and Superior Courts in Eastern Massachusetts. Westwood and Boston, Massachusetts criminal defense lawyer William D. Kickham has appeared as a legal analyst on a variety of respected media, including Fox News TV-25/Boston, The Boston Herald, WBZ-AM Radio 1030, WCVB-TV5/Boston, Nightside With Dan Rea, Greater Boston With Emily Rooney, Money Matters Radio/Boston, and The Metro Newspaper/Boston. Attorney William D. Kickham is turned to by respected reporters and media organizations in Massachusetts as an authoritative expert in the field of criminal defense law, and the case results he produces for his clients attest to this. Call us today at Ph.: (781) 320-0062, or Ph.: (617) 285-3600, to arrange for a free initial consultation of your case. If the matter is not an emergency, you can email us here for a free initial consult and we will respond to you very promptly.

Client Reviews
When I was arrested for DUI, I was absolutely terrified. Had it not been for you, I might have been convicted of something I was not at all guilty of. My work life, my family life, my reputation, all could have been destroyed. You stood by me like the legal version of a bodyguard - and because of you, I was found not guilty. G.M.
When we got the call that our son had been arrested and charged with rape, we almost fainted. We know our son. He is not violent; he has never abused anyone, let alone another girl… If not for you and your "take no prisoners" attitude, our son might have been convicted of a crime that would have sent him to state prison. As far as we're concerned, our son owes you his life, and we owe you the world. We will never forget you. A.H. and P.H.
I hired Mr. William D. Kickham for a very important legal issue and I was extremely satisfied by the results. His in depth knowledge about the matter and his intelligent thinking was extremely beneficial. He is really an expert. He was also very supportive and sensitive towards my concerns. It was great to have a lawyer of his capacity. Thanks William for all the Help. N.G.
Atty. Kickham defended me on a charge of raping my girlfriend, who made up the whole story out of revenge because I was interested in someone else. If it weren’t for Attorney Kickham proving me innocent, God knows what might have happened to me. Z.B.
Mr. Kickham represented me on a trumped-up charge of domestic violence. The prosecutor and police wouldn’t back down, even after my spouse told them it was all untrue. They insisted on taking me to trial, and Mr. Kickham never wavered. He was my legal bodyguard, and I was found not guilty. M.B.
Of the many talents Atty. Kickham has, two are these: 1) He is ten times as persuasive as the best lawyer you’ve seen in the movies; and 2) Nothing - but nothing - gets by him. The police arrested me on completely false drug charges, and after a heated courtroom battle, Atty. Kickham won the day. Trust me, it was no surprise. D.C.
Because I mildly disciplined my child for throwing a tantrum, I was actually charged with child abuse. It was horrifying. Atty. Kickham fought for me tooth and nail, until I was declared not guilty. One hell of a lawyer. D.D.
I complimented a co-worker on her looks and patted her on the back as I did so. Two hours later, the police showed up and accused me of indecent assault & battery. From the day I hired him, Atty. Kickham fought the DA’s office until the charges were dropped. If not for him, my life would have been ruined. A.K.