Tennessee Code Annotated

Tenn. Code Ann. § 39-13-511 (2026)

Indecent exposure

✓ current as of May 2026

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(a)
- (1) A person commits the offense of indecent exposure who:
  - (A) In a public place or on the private premises of another, or so near thereto as to be seen from the private premises:
    - (i) Intentionally:
      - (a) Exposes the person's genitals or buttocks to another; or
      - (b) Engages in sexual contact or sexual penetration as defined in § 39-13-501; and
    - (ii) Reasonably expects that the acts will be viewed by another and the acts:
      - (a) Will offend an ordinary viewer; or
      - (b) Are for the purpose of sexual arousal and gratification of the defendant; or
  - (B)
    - (i) Knowingly invites, entices or fraudulently induces the child of another into the person's residence for the purpose of attaining sexual arousal or gratification by intentionally engaging in the following conduct in the presence of the child:
      - (a) Exposure of such person's genitals, buttocks or female breasts; or
      - (b) Masturbation;
    - (ii) Knowingly engages in the person's own residence, in the intended presence of any child, for the defendant's sexual arousal or gratification the following intentional conduct:
      - (a) Exposure of the person's genitals, buttocks or female breasts; or
      - (b) Masturbation;
    - (iii) Knowingly invites, entices, or fraudulently induces a minor into the person's residence for the purpose of attaining sexual arousal or gratification by intentionally engaging in the following conduct in the presence of the minor without the consent of the minor:
      - (a) Exposure of such person's genitals, buttocks, or female breasts; or
      - (b) Masturbation; or
    - (iv) Knowingly engages in the person's own residence, in the intended presence of any minor, without the consent of the minor, for the defendant's sexual arousal or gratification the following intentional conduct:
      - (a) Exposure of the person's genitals, buttocks, or female breasts; or
      - (b) Masturbation.
- (2) No prosecution shall be commenced for a violation of subdivision (a)(1)(B)(ii)(a) based solely upon the uncorroborated testimony of a witness who shares with the accused any of the relationships described in § 36-3-601(5).
- (3)
  - (A) For subdivision (a)(1)(B)(i) or (a)(1)(B)(ii) to apply, the defendant must be eighteen (18) years of age or older and the child victim must be less than thirteen (13) years of age.
  - (B) For subdivision (a)(1)(B)(iii) or (a)(1)(B)(iv) to apply, the defendant must be eighteen (18) years of age or older and the child victim must be at least thirteen (13) but no more than seventeen (17) years of age.

(b)
- (1) "Indecent exposure," as defined in subsection (a), is a Class B misdemeanor, unless subdivision (b)(2), (b)(3) or (b)(4) applies.
- (2) If the defendant is eighteen (18) years of age or older and the victim is under thirteen (13) years of age, indecent exposure is a Class A misdemeanor.
- (3) If the defendant is eighteen (18) years of age or older and the victim is under thirteen (13) years of age, and the defendant has any combination of two (2) or more prior convictions under this section or § 39-13-517, or is a sexual offender, violent sexual offender or violent juvenile sexual offender, as defined in § 40-39-202, the offense is a Class E felony.
- (4) If the defendant is eighteen (18) years of age or older and the victim is under thirteen (13) years of age, and the offense occurs on the property of any public school, private or parochial school, licensed day care center or other child care facility during a time at which a child or children are likely to be present on the property, the offense is a Class E felony.

(c)
- (1) A person confined in a penal institution, as defined in § 39-16-601, commits the offense of indecent exposure who with the intent to abuse, torment, harass or embarrass a guard or staff member:
  - (A) Intentionally exposes the person's genitals or buttocks to the guard or staff member; or
  - (B) Engages in sexual contact as defined in § 39-13-501.
- (2) For purposes of this subsection (c):
  - (A) "Guard" means any sheriff, jailer, guard, correctional officer, or other authorized personnel charged with the custody of the person; and
  - (B) "Staff member" means any other person employed by a penal institution or who performs ongoing services in a penal institution, including, but not limited to, clergy, educators, and medical professionals.
- (3)
  - (A) Notwithstanding subsection (b), a violation of this subsection (c) is a Class E felony.
  - (B) A sentence imposed for a violation of this subsection (c) must include a mandatory minimum sentence of fourteen (14) days of incarceration to be served consecutive to any other sentence the person is serving at the time of the offense.
  - (C) If a person is convicted of more than one (1) violation of this subsection (c), then the sentence imposed for each violation must be served consecutive to any other sentence imposed.

(d) This section does not apply to a mother who is breastfeeding her child in any location, public or private.

(e) As used in this section, "public place" means a place to which the public or a group of persons has access and includes, but is not limited to, highways, transportation facilities, schools, places of amusement, parks, places of business, playgrounds and hallways, lobbies, and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence, and a restroom, locker room, dressing room, or shower, designated for multi-person, single-sex use. An act is deemed to occur in a public place if it produces its offensive or proscribed consequences in a public place.

Amended by 2024 Tenn. Acts, ch. 1049,s 1, eff. 7/1/2024.

Amended by 2024 Tenn. Acts, ch. 1023,s 2, eff. 7/1/2024.

Amended by 2024 Tenn. Acts, ch. 1023,s 1, eff. 7/1/2024.

Amended by 2019 Tenn. Acts, ch. 251, s 1, eff. 7/1/2019.

Acts 1989, ch. 591, § 1; 1990, ch. 980, § 33; 1994, ch. 542, §§ 1-3; 1998, ch. 755, § 1; 1999, ch. 189, § 1; 2006, ch. 617, § 2; 2007 , ch. 209, § 1; 2009 , ch. 414, §§ 1, 2; 2011 , ch. 91, § 2; 2012 , ch. 885, § 1; 2012, ch. 1076, § 1.

Notes of Decisions

Cited in 22 cases (2 in the last 5 years), 1995–2026 · leading case: State v. Dominy, 6 S.W.3d 472 (Tenn. 1999).

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State v. Dominy, 6 S.W.3d 472 (Tenn. 1999). · cites it 2× “Therefore, the defendant in this case, indicted for aggravated rape, under the rule announced in Trusty would be conclusively presumed to be on constitutional notice that he was being tried for, and could be convicted of, any of the sexual offenses contained in Title 39, Part 5…”

Powers v. State, 942 S.W.2d 551 (Tenn. Crim. App. 1996). “§§ 39-13-511 (1991) and 39-14-406 (1991).”

DLS, Inc. v. City of Chattanooga, 914 F. Supp. 193 (E.D. Tenn. 1995). · cites it 10× “This case is before the Court on the plaintiffs’ application for a preliminary injunction against the City of Chattanooga (“City”) and the other defendants seeking to enjoin enforcement of CHATTANOOGA ClTY CODE §§ 25-84, 25-85, 11—434(j), 11—435(c), and Tenn. Code Ann. §…”

DLS, Inc. v. City of Chattanooga, 894 F. Supp. 1140 (E.D. Tenn. 1995). · cites it 4× “While nude dancing is proscribed by another Chattanooga ordinance, § 25-85 of the Chattanooga City Code, and by the state indecent exposure statute, Tenn.Code Ann. § 39-13-511, these pieces of legislation have not been challenged by the plaintiffs in this case.”

Akines v. Shelby Cnty. Gov't, 512 F. Supp. 2d 1138 (W.D. Tenn. 2007). · cites it 2× “Further, that particular inmate was charged with the offense of indecent exposure in violation of Tennessee Code Annotated section 39-13-511. (Def.’s Facts ¶ 28). Boyd could not recall the name of another inmate who exposed himself to her but another SCCC employee filed a…”

Lefevers v. State, 20 S.W.3d 707 (Tex. Crim. App. 2000). “Non-exclusive and exclusive: Tenn.Code Ann. § 39-13-511(a)(1)(A)(i) (1999) ("Engages in sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions or other ultimate sex acts”); Tenn.”

State of Tennessee v. Roger F. Johnson (Tenn. Crim. App. 2019). · cites it 17× “Tenn. Code Ann. § 39-13-511 (2014). The Defendant was indicted as follows, and the specific portion to which he objects has been underlined: The Grand Jurors of Grundy County, Tennessee, duly impaneled and sworn upon their oath, present that: ROGER F.”

State of Tennessee v. Gregory Scott Barnum (Tenn. Crim. App. 2016). · cites it 15× “Tenn. Code Ann. § 39-13-511 (2014) (emphasis added).”

Russell v. Giles Cnty., 105 F. Supp. 2d 841 (M.D. Tenn. 2000). · cites it 21× “The defendants in that action have filed a motion to dismiss asserting that their conduct was lawful under Tenn. Code Ann. § 39-13-511 (6) and § 8-127 of the Elkton City Ordinance.”

State v. Eddinger, 112 S.W.3d 148 (Tenn. Crim. App. 2002). · cites it 8× “Tenn.Code Ann. § 39-13-511 (Supp.1999). The “narrative” provided in the citation by Officer Strickland states as follows: On 7-30-00 myself and another ranger were dispatched on a call regarding a suspicious person in an older model vehicle hanging [sic] in the park.”

State of Tennessee v. Bernard Nelson (Tenn. Crim. App. 2016). · cites it 2× “According to Tennessee Code Annotated section 39-13-511 (2014): (a)(1) A person commits the offense of indecent exposure who: 6 (A) In a public place, as defined in § 39-11-106, or on the private premises of another, or so near thereto as to be seen from the private premises:…”

State of Tennessee v. Bobby Jay Fuqua (Tenn. Crim. App. 2017). · cites it 2× “See T.C.A. §§ 39-13-511(a)(1)(A)(i)(a); 39- 13-517(b)(3).”

Show all 22 citing cases →

— Tenn. Code Ann. § 39-13-511(6) — 1 case

Russell v. Giles Cnty., 105 F. Supp. 2d 841 (M.D. Tenn. 2000). “The defendants in that action have filed a motion to dismiss asserting that their conduct was lawful under Tenn. Code Ann. § 39-13-511 (6) and § 8-127 of the Elkton City Ordinance.”

— Tenn. Code Ann. § 39-13-511(a)(1)(A)(i) — 3 cases

State of Tennessee v. Roger F. Johnson (Tenn. Crim. App. 2019). “Tenn. Code Ann. § 39-13-511 (2014). The Defendant was indicted as follows, and the specific portion to which he objects has been underlined: The Grand Jurors of Grundy County, Tennessee, duly impaneled and sworn upon their oath, present that: ROGER F.”

State of Tennessee v. Bobby Jay Fuqua (Tenn. Crim. App. 2017). “See T.C.A. §§ 39-13-511(a)(1)(A)(i)(a); 39- 13-517(b)(3).”

— Tenn. Code Ann. § 39-13-511(a)(1)(A)(ii) — 1 case

— Tenn. Code Ann. § 39-13-511(a)(1)(A)(iii) — 1 case

DLS, Inc. v. City of Chattanooga, 894 F. Supp. 1140 (E.D. Tenn. 1995). “While nude dancing is proscribed by another Chattanooga ordinance, § 25-85 of the Chattanooga City Code, and by the state indecent exposure statute, Tenn.Code Ann. § 39-13-511, these pieces of legislation have not been challenged by the plaintiffs in this case.”

— Tenn. Code Ann. § 39-13-511(a)(6) — 1 case

— Tenn. Code Ann. § 39-13-511(a)(l)(A)(ii) — 1 case

— Tenn. Code Ann. § 39-13-511(b) — 2 cases

State of Tennessee v. Aulton Cody Barnes (Tenn. Crim. App. 2010).

— Tenn. Code Ann. § 39-13-511(b)(3) — 1 case

State of Tennessee v. Gregory Scott Barnum (Tenn. Crim. App. 2016). “Tenn. Code Ann. § 39-13-511 (2014) (emphasis added).”

— Tenn. Code Ann. § 39-13-511(b)(i) — 1 case

State v. Bradley D. Davis (Tenn. Crim. App. 1999).

— Tenn. Code Ann. § 39-13-511(c)(1)(A) — 1 case

State of Tennessee v. Louis L. Steele (Tenn. Crim. App. 2026).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.