An exposure allegation can feel minor compared with other sexual offences, but the consequences of a conviction are serious: it can bring sex offender notification requirements, appear on DBS checks and end careers. Many allegations turn on intention and on what was actually seen, so early advice matters.
If the police have contacted you
- Do not attend a police interview, voluntary or after arrest, without a solicitor.
- Free legal advice at the police station is your right, whatever your income.
- Do not contact the person who made the allegation.
- Do not delete messages, photos, apps or social media accounts.
- Do not discuss the allegation with anyone other than your solicitor.
What is indecent exposure?
The offence of exposure is in section 66 of the Sexual Offences Act 2003. A person commits it if they intentionally expose their genitals and either:
- intend that someone will see them and be caused alarm, distress or humiliation, or
- expose them for sexual gratification, intending that someone will see them, and are reckless as to whether that person will be caused alarm, distress or humiliation.
No one actually has to be alarmed or distressed. The focus is on what the accused intended, or was reckless about. The maximum sentence is two years' imprisonment.
What is cyberflashing?
Sending a photograph or film of genitals can be an offence under section 66A, introduced by the Online Safety Act 2023. It applies where the sender intends the recipient to be caused alarm, distress or humiliation, or sends the image for sexual gratification while reckless about that. It covers messaging apps, AirDrop, dating apps and social media. The maximum sentence is also two years. Our guide to the cyberflashing law explains it in more detail.
Related offences
- Outraging public decency: a common law offence that can apply to sexual acts in public where at least two people could have seen them.
- Sexual activity in a public lavatory, under section 71 of the 2003 Act.
- Offences involving children, such as engaging in sexual activity in the presence of a child, which are treated far more seriously. See our page on sexual offences involving children.
Possible defences
Every case depends on its facts, but common issues include:
- No intention: the exposure was accidental, for example clothing slipping, changing on a beach or urinating somewhere you believed was private.
- No exposure of the genitals: exposure of other parts of the body is not this offence.
- Mistaken identity: particularly where the complainant saw someone briefly or from a distance.
- Consent and context: for cyberflashing, whether the image was wanted or expected, for example in an ongoing consensual exchange.
- The allegation is false or exaggerated. See our guide to defending false allegations.
What happens at the police station?
You may be arrested or invited to a voluntary interview. A solicitor will find out what the police say happened, advise you in private and attend the interview with you. Advice at the police station is free for everyone. Our guide to police interviews explains what to expect. If you are released while the police investigate, see our page on being released under investigation.
What sentence can you get for indecent exposure?
Under the Sentencing Council guideline for exposure, the offence range is a fine to one year's custody. Starting points are:
- Category 1 (raised harm and raised culpability): 26 weeks' custody, within a range of 12 weeks to one year.
- Category 2 (raised harm or raised culpability): a high-level community order.
- Category 3: a medium-level community order, within a range of a fine to a high-level community order.
Raised harm includes following or pursuing the complainant, or masturbating during the offence. Raised culpability includes targeting a particularly vulnerable person and abuse of trust. Many first offences are dealt with by a fine or community order, but the type and length of the sentence affects notification, so advice on mitigation is important. See our guide to sexual offence sentencing.
Other consequences
- Notification requirements, depending on the sentence and the age of the complainant. See our guide to the sex offenders register.
- DBS checks and work: see how sexual offence convictions affect employment.
Frequently asked questions
Is urinating in public indecent exposure?
Not usually. The offence requires that you intended someone to see your genitals and be caused alarm, distress or humiliation, or that you exposed yourself for sexual gratification while reckless about that. Someone caught short who tried not to be seen does not normally have that intention, although the circumstances will be examined closely.
Will I go on the sex offenders register for exposure?
Not in every case. For an adult, notification requirements follow if the person who saw the exposure was under 18, or if you receive a prison sentence, are detained in hospital or receive a community order of at least 12 months. A solicitor can advise on how to avoid a sentence that triggers notification where possible.
Can I get a caution for indecent exposure?
Sometimes, especially for a first, low-level allegation. But a caution is an admission of guilt, can appear on DBS checks and may bring notification requirements in some cases. Never accept one before speaking to a solicitor.
Is sending an explicit photo the same as indecent exposure?
Sending an unsolicited image of your genitals is a separate offence, often called cyberflashing, under section 66A of the Sexual Offences Act 2003. It carries the same maximum sentence of two years.
Will it go to the magistrates’ court?
Most exposure cases are dealt with in the magistrates’ court, although the offence can also be tried in the Crown Court. You have the right to choose a jury trial if the magistrates agree to deal with the case.
How we help
We are a referral service, not a law firm, and we do not give legal advice ourselves. When you contact us, we pass your details in confidence to an independent solicitor who specialises in sexual offence defence, so they can contact you directly. We cover the whole of England and Wales, including London, Manchester, Birmingham, Leeds and every other area we cover.
This page is general information about the law in England and Wales, not legal advice. Last updated 11 November 2026.