A person commits the crime of private indecent exposure if:
- (1) The person exposes the genitals of the person with the intent to arouse or gratify the sexual desire of the person or another person;
- (2) The person is in a place where another person has a reasonable expectation of privacy;
- (3) The person is in view of the other person;
- (4) The exposure reasonably would be expected to annoy, offend, or alarm the other person; and
- (5) The person knows that the other person did not consent to the exposure. Private indecent exposure is a Class 1 misdemeanor. This section does not apply to a person who commits the act described in this section if the person cohabits with or is involved in a sexually intimate relationship with the other person.
Source: SL 2009, ch 116 , § 3.