Montana Code Annotated

Mont. Code Ann. § 45-5-504 (2026)

Indecent Exposure

✓ current as of May 2026

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TITLE 45. CRIMES

CHAPTER 5. OFFENSES AGAINST THE PERSON

Part 5. Sexual Crimes

Indecent Exposure

45-5-504. Indecent exposure. (1) A person commits the offense of indecent exposure if the person knowingly or purposely exposes the person's genitals or intimate parts by any means, including electronic communication as defined in 45-5-625(5)(a), under circumstances in which the person knows the conduct is likely to cause affront or alarm in order to:

(a) abuse, humiliate, harass, violate the dignity of, or degrade another; or

(b) arouse or gratify the person's own sexual response or desire or the sexual response or desire of any person.

(2) (a) A person convicted of the offense of indecent exposure shall be fined an amount not to exceed $500 or be imprisoned in the county jail for a term of not more than 6 months, or both.

(b) On a second conviction, the person shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term of not more than 1 year, or both.

(c) On a third or subsequent conviction, the person shall be fined an amount not to exceed $10,000 or be imprisoned in a state prison for a term of not more than 10 years, or both.

(3) (a) A person commits the offense of indecent exposure to a minor if the person commits an offense under subsection (1) and the person knows the conduct will be observed by a person who is under 16 years of age or a person, including a law enforcement officer using an undercover or fictitious identity, whom the offender believes to be a child who is under 16 years of age and the offender is more than 4 years older than the victim or purported victim.

(b) A person convicted of the offense of indecent exposure to a minor shall be fined an amount not to exceed $50,000 or be imprisoned in the state prison for a term of not less than 4 years, unless the judge makes a written finding that there is good cause to impose a term of less than 4 years and imposes a term of less than 4 years, or more than 100 years, or both.

(4) (a) Except when a minor is accompanied by a parent or guardian, or when an individual with developmental disabilities is accompanied by a parent, guardian, or other caretaker or health care provider designated by the parent or guardian, a person commits the offense of indecent exposure in a public place when the person knowingly or purposely, under circumstances in which the person knows the conduct is likely to cause affront or alarm, exposes their genitals or intimate parts to members of the opposite biological sex or opposite the person's sex observed at birth.

(b) (i) A person convicted of the offense of indecent exposure shall be fined an amount not to exceed $500 or be imprisoned in the county jail for a term of not more than 6 months, or both.

(ii) On a second conviction, the person shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term of not more than 1 year, or both.

(iii) On a third or subsequent conviction, the person shall be fined an amount not to exceed $10,000 or be imprisoned in a state prison for a term of not more than 10 years, or both.

(c) As used in this subsection (4), "public place" means a place to which the public or a group of persons has access and includes but is not limited to transportation facilities, restrooms, locker rooms, dressing rooms, and showers that are designated for multiperson, single-sex use, schools, places of amusement, parks, places of business, playgrounds, and hallways, lobbies, and other portions of apartment houses, multifamily dwellings, and hotels, except for rooms or apartments designed for actual residence.

History: En. 94-5-504 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-5-504; amd. Sec. 1, Ch. 176, L. 1991; amd. Sec. 4, Ch. 687, L. 1991; amd. Sec. 3, Ch. 550, L. 1995; amd. Sec. 2, Ch. 288, L. 1999; amd. Sec. 1, Ch. 144, L. 2015; amd. Sec. 2, Ch. 102, L. 2025; amd. Sec. 1, Ch. 657, L. 2025.

Notes of Decisions

Cited in 21 cases (8 in the last 5 years), 1994–2025 · leading case: State v. Strong, 2015 MT 251 (Mont. 2015).

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State v. Strong, 2015 MT 251 (Mont. 2015). · cites it 8× “26, 2008), we declined to exercise supervisory control where a defendant was charged with two misdemeanor and five felony counts of indecent exposure in violation of § 45-5-504, MCA, where the felony counts were predicated upon the misdemeanors charged simultaneously.”

State v. Meeks, 2002 MT 246 (Mont. 2002). · cites it 6× “Meeks with indecent exposure, a misdemeanor, in violation of § 45-5-504, MCA (1997), indecent exposure, a high misdemeanor, in violation of § 45-5-504, MCA (1997), indecent exposure, a felony, in violation of § 45-5-504, MCA (1997), and carrying a concealed weapon, a felony, in…”

State v. K. Tipton, 2021 MT 281 (Mont. 2021). · cites it 11× “Section 45-5-504, MCA, was enacted in 1973 and amended several times, including in 1999.”

State v. Waldrup, 872 P.2d 772 (Mont. 1994). · cites it 9× “The State of Montana (State) appeals an order of the Twentieth Judicial District Court, Lake County, dismissing the Information filed against the defendant/respondent, Jeffrey Waldrup, (defendant) charging him with four counts of indecent exposure, a felony pursuant to §…”

State v. B. McGhee, 2021 MT 193 (Mont. 2021). · cites it 2× “Barak James McGhee appeals his 2019 judgment of conviction and sentence in the Montana Thirteenth Judicial District Court, Richland County, on the offense of Indecent Exposure to a Minor, a felony in violation of § 45-5-504(3), MCA. We address the following restated issues: 1.”

In re M.A.L., 2006 MT 299 (Mont. 2006). · cites it 2× “contends that the Texas crime of indecency with a child is analogous to the Montana crime of indecent exposure, under § 45-5-504, MCA. He also argues that the State did not introduce clear and convincing evidence that the crime committed in Texas would constitute “sexual abuse”…”

State v. Stearns, 2008 MT 356 (Mont. 2008). · cites it 2× “¶1 Robert Scott Stearns (Stearns) appeals his convictions in the *349 Twenty-First Judicial District, Ravalli County, for three counts of Indecent Exposure in violation of § 45-5-504(l)(b), MCA. We affirm. ¶2 We review the following issue on appeal: ¶3 Did the District Court…”

State v. David Ommundson, 2008 MT 340 (Mont. 2008). · cites it 15× “At trial, Ommundson moved for a directed verdict, appropriately referred to as a motion to dismiss for insufficient evidence, claiming the State failed to establish the elements of indecent exposure under § 45-5-504, MCA (2005). Ommundson appeals the District Court’s denial of…”

State v. S. Ellison, 2022 MT 20N (Mont. 2022). · cites it 8× “Ellison appeals an Eighth Judicial District Court Judgment and Sentence affirming a jury verdict finding Ellison guilty of three counts of Incest in violation of § 45-5-507, MCA, two counts of Sexual Intercourse Without Consent in violation of § 45-5-503, MCA, and one count of…”

State v. D. Sage, 2023 MT 75N (Mont. 2023). · cites it 4× “On March 5, 2019, the State amended the charges to the following: Count I: Indecent Exposure (to a Minor), in violation of § 45-5-504, MCA; Count II: Indecent Exposure (to a Minor), in violation of § 45-5-504, MCA; Count III: Assault with a Weapon, in violation of § 45-5-213,…”

State v. R. Grana, 2022 MT 65N (Mont. 2022). · cites it 6× “¶2 Rafael Benjamin Grana appeals from his conviction in a bench trial for indecent exposure in violation of § 45-5-504(1)(b), MCA, in the First Judicial District Court, Lewis and Clark County.”

Matter of M.A.L. D.L. & T.L., 2006 MT 299 (Mont. 2006). · cites it 2× “contends that the Texas crime of indecency with a child is analogous to the Montana crime of indecent exposure, under § 45-5-504, MCA. He also argues that the State did not introduce clear and convincing evidence that the crime committed in Texas would constitute “sexual abuse”…”

Show all 21 citing cases →

— Mont. Code Ann. § 45-5-504(1) — 2 cases

State v. Kilmer, 286 Mont. 12 (Mont. 1997).

State v. Henderson, 2003 MT 310N (Mont. 2003).

— Mont. Code Ann. § 45-5-504(1)(a) — 1 case

Sage v. Mt Doc (Mont. 2024).

— Mont. Code Ann. § 45-5-504(1)(b) — 2 cases

State v. K. Tipton, 2021 MT 281 (Mont. 2021). “Section 45-5-504, MCA, was enacted in 1973 and amended several times, including in 1999.”

State v. R. Grana, 2022 MT 65N (Mont. 2022). “¶2 Rafael Benjamin Grana appeals from his conviction in a bench trial for indecent exposure in violation of § 45-5-504(1)(b), MCA, in the First Judicial District Court, Lewis and Clark County.”

— Mont. Code Ann. § 45-5-504(2)(c) — 2 cases

State v. Strong, 2015 MT 251 (Mont. 2015). “26, 2008), we declined to exercise supervisory control where a defendant was charged with two misdemeanor and five felony counts of indecent exposure in violation of § 45-5-504, MCA, where the felony counts were predicated upon the misdemeanors charged simultaneously.”

State v. Waldrup, 872 P.2d 772 (Mont. 1994). “The State of Montana (State) appeals an order of the Twentieth Judicial District Court, Lake County, dismissing the Information filed against the defendant/respondent, Jeffrey Waldrup, (defendant) charging him with four counts of indecent exposure, a felony pursuant to §…”

— Mont. Code Ann. § 45-5-504(3) — 3 cases

State v. B. McGhee, 2021 MT 193 (Mont. 2021). “Barak James McGhee appeals his 2019 judgment of conviction and sentence in the Montana Thirteenth Judicial District Court, Richland County, on the offense of Indecent Exposure to a Minor, a felony in violation of § 45-5-504(3), MCA. We address the following restated issues: 1.”

State v. S. Ellison, 2022 MT 20N (Mont. 2022). “Ellison appeals an Eighth Judicial District Court Judgment and Sentence affirming a jury verdict finding Ellison guilty of three counts of Incest in violation of § 45-5-507, MCA, two counts of Sexual Intercourse Without Consent in violation of § 45-5-503, MCA, and one count of…”

S. Hanway v. K. Fouts (Mont. 2021).

— Mont. Code Ann. § 45-5-504(3)(a) — 1 case

— Mont. Code Ann. § 45-5-504(3)(b) — 2 cases

Sage v. Mt Doc (Mont. 2024).

Sage v. Montana Dep't of Corr. (D. Mont. 2025).

— Mont. Code Ann. § 45-5-504(l)(b) — 1 case

State v. Stearns, 2008 MT 356 (Mont. 2008). “¶1 Robert Scott Stearns (Stearns) appeals his convictions in the *349 Twenty-First Judicial District, Ravalli County, for three counts of Indecent Exposure in violation of § 45-5-504(l)(b), MCA. We affirm. ¶2 We review the following issue on appeal: ¶3 Did the District Court…”

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