Public indecency is its own Tennessee offense, separate from indecent exposure. The statute focuses on certain sexual acts, genital fondling, nudity, and excretory conduct occurring in a place the law considers public. Because the definitions are unusually detailed, whether a location actually qualifies as a public place can be just as important as what allegedly happened there.
A public-indecency charge can arise in a park, business, nightclub, hotel common area, vehicle-accessible location, restroom, or other place where members of the public are present or reasonably likely to observe the conduct. Kevin Kennedy represents people accused of public indecency in Nashville and Middle Tennessee and examines these cases with particular attention to location, visibility, intent, and the statutory exceptions.
Public Indecency Under Tennessee Law
Tenn. Code Ann. § 39-13-517 makes it an offense, in a public place, to knowingly or intentionally engage in specified sexual acts; fondle one’s own genitals or another person’s genitals; appear in a state of nudity; or perform an excretory function.
The offense is broader than indecent exposure in some respects and narrower in others. It does not use the same reasonable-expectation-of-viewing element found in § 39-13-511. Instead, the key questions often become whether the accused knowingly or intentionally engaged in covered conduct and whether the location meets the statute’s definition of a public place.
What Counts as a Public Place?
The statute defines public place broadly as a location frequented by the public, where the public is present or likely to be present, or where a person may reasonably be expected to be observed by members of the public. Examples include streets, sidewalks, parks, beaches, businesses, hotels, restaurants, nightclubs, country clubs, cabarets, and meeting facilities.
For the sexual-act and genital-fondling provisions, a public restroom is expressly included. The definition can therefore reach places that feel semi-private but are still accessible to the public or likely to contain other people.
Locations the Statute Excludes
Tennessee law also identifies places that are not considered public places for this offense. A premises used solely as a private residence is excluded. The statute also excludes certain enclosed single-sex showers, locker rooms, and dressing rooms; hotel and motel rooms designed for sleeping accommodations; doctors’ offices; portions of hospitals and similar locations where nudity is customarily expected; and qualifying educational modeling classes.
A properly licensed family-oriented clothing-optional facility is also excluded. These location exclusions can be decisive and should be considered before focusing on any other element.
Nudity Has a Specific Statutory Meaning
For § 39-13-517, nudity includes showing the bare male or female genitals or pubic area with less than a fully opaque covering, showing the female breast with less than a fully opaque covering of the areola, or showing covered male genitals in a discernibly turgid state.
The definition excludes a mother nursing a baby. Tennessee law also separately protects breastfeeding from being treated as public indecency.
Excretory Conduct and the Rural Exception
The statute reaches performing an excretory function in a public place, but it contains a narrow exception. A person does not violate the law if the person makes intentional and reasonable efforts to conceal themselves from public view while performing the function in an unincorporated area of the state.
That exception makes geography and concealment relevant. The defense may need to determine whether the location was incorporated, what efforts were made to avoid public observation, and whether anyone was actually likely to see the conduct.
Penalties for Public Indecency
A first or second public-indecency offense is a Class B misdemeanor punishable only by a $500 fine, unless the special felony provision applies. A third or subsequent offense is generally a Class A misdemeanor punishable by a $1,500 fine, up to 11 months and 29 days of confinement, or both.
A separate Class E felony applies when the conduct involves specified masturbation on school, daycare, or child-care property and the defendant knows or reasonably should know children are likely to be present. The statute also contains a satellite-monitoring condition when judicial diversion is granted for that felony provision.
Public Indecency Versus Indecent Exposure
The two offenses overlap, but they are not identical. Indecent exposure under § 39-13-511 focuses on intentional exposure or specified sexual conduct coupled with an expectation that another will view it and either offensiveness or a sexual-arousal purpose. Public indecency under § 39-13-517 lists particular acts and applies when they occur in a statutorily defined public place.
The exact charging decision matters because the elements and penalty structure differ. The defense should compare the indictment or citation to the statutory subsection rather than assuming the labels are interchangeable.
Evidence and Defense Issues
Public-indecency cases may be based on officer observations, civilian witnesses, surveillance footage, body-worn camera video, photographs, or statements. Location records can be just as important as witness credibility because an otherwise prohibited act may fall outside the statute if it occurred in an excluded private setting.
Possible defenses include lack of knowing or intentional conduct, a location that does not qualify as public, mistaken identity, conduct falling within a statutory exception, unreliable observation, or failure to prove the special felony circumstances.
How Kevin Kennedy Handles Public Indecency Cases
Kevin starts by determining what conduct is actually alleged and where it occurred. He then compares witness accounts with video, photographs, maps, property information, and the statutory definitions that control the case.
If you are charged with public indecency in Nashville or Middle Tennessee, Kevin Kennedy Law Firm can evaluate whether the facts actually fit § 39-13-517 and what defenses may be available. Contact the firm for a free, confidential consultation.
Legal references: Tenn. Code Ann. §§ 39-13-517, 40-35-111, 40-35-313, and 40-39-302. This page is general information, not legal advice.