Sec. 1. (a) A person who knowingly or intentionally,
in a public place:
(1) engages in sexual intercourse;
(2) engages in other sexual conduct (as defined in IC 35-31.5-2-221.5);
(3) appears in a state of nudity with the intent to arouse the sexual
desires of the person or another person; or
(4) fondles the person's genitals or the genitals of another person;
commits public indecency, a Class A misdemeanor.
(b) A person at least eighteen (18) years of age who knowingly or
intentionally, in a public place, appears in a state of nudity with the
intent to be seen by a child less than sixteen (16) years of age commits
public indecency, a Class A misdemeanor.
(c) However, the offense under subsection (a) or (b) is a Level 6
felony if the person who commits the offense has a prior unrelated
conviction under subsection (a) or (b).
(d) As used in this section, "nudity" means the showing of the
human male or female genitals, pubic area, or buttocks with less than
a fully opaque covering, the showing of the female breast with less than
a fully opaque covering of any part of the nipple, or the showing of
covered male genitals in a discernibly turgid state.
(e) A person who, in a place other than a public place, with the
intent to be seen by persons other than invitees and occupants of that
place:
(1) engages in sexual intercourse;
(2) engages in other sexual conduct (as defined in IC 35-31.5-2-221.5);
(3) fondles the person's genitals or the genitals of another person;
or
(4) appears in a state of nudity;
where the person can be seen by persons other than invitees and
occupants of that place commits indecent exposure, a Class C
misdemeanor.
As added by Acts 1976, P.L.148, SEC.5. Amended by Acts
1977, P.L.340, SEC.76; P.L.189-1984, SEC.1; P.L.215-1997, SEC.1;
P.L.121-2000, SEC.1; P.L.123-2003, SEC.2; P.L.158-2013, SEC.524;
P.L.142-2020, SEC.71.
Notes of Decisions
Cited in
56
cases, 1978–2020 · leading case:
State v. Baysinger, 397 N.E.2d 580 (Ind. 1979).
State v. Baysinger, 397 N.E.2d 580 (Ind. 1979).
· cites it 35× “4(A)(8) since these are appealable cases in which a state statute, Ind. Code 35-45-4-1 (Burns Supp. 1978) has been held to be unconstitutional by trial courts.”
Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991).
· cites it 6× “Respondents sued in the United States District Court for the Northern District of Indiana to enjoin the enforcement of the Indiana public indecency statute, Ind. Code § 35-45-4-1 *564 (1988), asserting that its prohibition against complete nudity in public places violated the…”
Glotzbach v. State, 783 N.E.2d 1221 (Ind. Ct. App. 2003).
· cites it 10× “The offense of public indecency is governed by Ind.Code § 35-45-4-1, which provides, in pertinent part, that: (a) A person who knowingly or intentionally, in a public place: too se (3) appears in a state of nudity; or (4) fondles the person's genitals or the genitals of another…”
Jason M. Morris v. State of Indiana, 114 N.E.3d 531 (Ind. Ct. App. 2018).
· cites it 4× “" Ind. Code § 35-45-4-1 (a)(3). [8] After the bench trial, the trial court found: Considering all of the evidence, the credible testimony of [M.”
Marshall v. State, 602 N.E.2d 144 (Ind. Ct. App. 1992).
· cites it 12× “NOTES [1] Ind. Code § 35-45-4-1 (a)(4). [2] I.C. § 35-45-4-1 dictates in relevant part: (a) A person who knowingly or intentionally, in a public place: (1) Engages in sexual intercourse; (2) Engages in deviate sexual conduct; (3) Appears in a state of nudity; or (4) Fondles the…”
Adims v. State, 461 N.E.2d 740 (Ind. Ct. App. 1984).
· cites it 14× “The Court in Lasko held that, "[a] private locked room in which two adult consenting persons engage in promiscuous conduct is not a `public place' within the meaning of the Public Indecency statute, Ind. Code § 35-45-4-1 ." 409 N.E.2d at 1126 .”
Michael Day v. State of Indiana, 57 N.E.3d 809 (Ind. 2016).
· cites it 2× “1-5-1-3 (2010); Ind.Code §§ 35-45-4-1, -1.5 (2014). Yet in crafting the “fighting” subsection, our legislature decided otherwise.”
Chubb v. State, 640 N.E.2d 44 (Ind. 1994).
· cites it 6× “Ind.Code § 35-45-4-1. The Court of Appeals reversed, finding that the defendant’s genital nudity inside a stall in a public restroom did not occur in a public place and that the police officer’s fondling testimony was insufficient to support the conviction.”
Lasko v. State, 409 N.E.2d 1124 (Ind. Ct. App. 1980).
· cites it 6× “The court specifically found that a “massage parlor” is a “public place” within the meaning of Ind.Code § 35-45-4-1. ISSUE On appeal, Lasko presents one issue: Was the room in which she massaged the Officer a “public place” within the meaning of the statute on public indecency?…”
Zitlaw v. State, 880 N.E.2d 724 (Ind. Ct. App. 2008).
· cites it 4× “Ind.Code § 35-45-4-1 (a) (2004). . Ind.Code § 35-45-4-1.”
Whatley v. State, 708 N.E.2d 66 (Ind. Ct. App. 1999).
· cites it 8× “Under Ind.Code § 35-45-4-1 (b) nudity is defined as "the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breasts with less than a fully opaque covering of any part of the nipple, or the…”
— Ind. Code § 35-45-4-1(1)(d) — 1 case
— Ind. Code § 35-45-4-1(3) — 1 case
— Ind. Code § 35-45-4-1(a) — 8 cases
Zitlaw v. State, 880 N.E.2d 724 (Ind. Ct. App. 2008).
“Ind.Code § 35-45-4-1 (a) (2004). . Ind.Code § 35-45-4-1.”
Chubb v. State, 640 N.E.2d 44 (Ind. 1994).
“Ind.Code § 35-45-4-1. The Court of Appeals reversed, finding that the defendant’s genital nudity inside a stall in a public restroom did not occur in a public place and that the police officer’s fondling testimony was insufficient to support the conviction.”
Whatley v. State, 708 N.E.2d 66 (Ind. Ct. App. 1999).
“Under Ind.Code § 35-45-4-1 (b) nudity is defined as "the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breasts with less than a fully opaque covering of any part of the nipple, or the…”
— Ind. Code § 35-45-4-1(a)(3) — 1 case
— Ind. Code § 35-45-4-1(a)(4) — 2 cases
Marshall v. State, 602 N.E.2d 144 (Ind. Ct. App. 1992).
“NOTES [1] Ind. Code § 35-45-4-1 (a)(4). [2] I.C. § 35-45-4-1 dictates in relevant part: (a) A person who knowingly or intentionally, in a public place: (1) Engages in sexual intercourse; (2) Engages in deviate sexual conduct; (3) Appears in a state of nudity; or (4) Fondles the…”
— Ind. Code § 35-45-4-1(b) — 2 cases
Whatley v. State, 708 N.E.2d 66 (Ind. Ct. App. 1999).
“Under Ind.Code § 35-45-4-1 (b) nudity is defined as "the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breasts with less than a fully opaque covering of any part of the nipple, or the…”
— Ind. Code § 35-45-4-1(b)(1) — 1 case
Glotzbach v. State, 783 N.E.2d 1221 (Ind. Ct. App. 2003).
“The offense of public indecency is governed by Ind.Code § 35-45-4-1, which provides, in pertinent part, that: (a) A person who knowingly or intentionally, in a public place: too se (3) appears in a state of nudity; or (4) fondles the person's genitals or the genitals of another…”
— Ind. Code § 35-45-4-1(d) — 3 cases
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