Del. C. » Title 11 — Delaware Criminal Code · CHAPTER 5. Specific Offenses · Crimes and Criminal Procedure

11 Del. C. § 764

Indecent exposure in the second degree; unclassified misdemeanor

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(a) A male is guilty of indecent exposure in the second degree if he exposes his genitals or buttocks under circumstances in which he knows his conduct is likely to cause affront or alarm to another person.

(b) A female is guilty of indecent exposure in the second degree if she exposes her genitals, breast or buttocks under circumstances in which she knows her conduct is likely to cause affront or alarm to another person.

Indecent exposure in the second degree is an unclassified misdemeanor.

11 Del. C. 1953, §  768;  58 Del. Laws, c. 497, §  1;  65 Del. Laws, c. 494, §  1;  66 Del. Laws, c. 269, §  17;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1; 
Notes of Decisions
Cited in 7 cases (4 in the last 5 years), 1984–2025 · leading case: State v. Wyer
Sort: Relevance Newest Treatment
State v. Wyer (1984) wva · cites it 2× “(1) A person commits the offense of rape in the first degree if: (a) The person intentionally engages in sexual intercourse, by forcible compulsion, with another person and: (i) The other person is not, upon the occasion, his voluntary social companion who had within the…”
Duffy v. State (2023) del · cites it 2× “6 (8) In his opening brief, Duffy continues to insist that he was indicted, convicted, and sentenced under the death penalty statute.”
State v. Evans (2020) delsuperct “§ 778; and one count of Indecent Exposure, a violation of 11 Del. C. § 764. The charges arose after L.”
Burris v. State (2020) del “§ 4121(a)(4)(g) does not define a “sex offender” for purposes of sex offender registration and community notification to include people who were convicted of violating 11 Del. C. § 764 (indecent exposure in the second degree) before June 27, 1994.”
IMO Charles Duffy (2021) del “23, 2012) (reviewing the relevant statutes, 11 Del. C. §§ 764, 4205(b)(1) and 4209A, in effect at the time of Duffy’s crime and conviction), aff’d, 2012 WL 4019037 .”
Getz v. State (2022) del “15 Compare 11 Del. C. § 764(2) (effective in March 1986) (providing that a man is guilty of first- degree rape when he intentionally engages in sexual intercourse with a female without her consent and the victim was not the defendant’s voluntary social companion at the time of…”
Garner v. State (2025) del “5 11 Del. C. § 764 (1979) (classifying first-degree rape as a class A felony); 11 Del.”
— 11 Del. C. § 764(2) — 1 case
Getz v. State (2022) del “15 Compare 11 Del. C. § 764(2) (effective in March 1986) (providing that a man is guilty of first- degree rape when he intentionally engages in sexual intercourse with a female without her consent and the victim was not the defendant’s voluntary social companion at the time of…”
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