Virginia’s indecent exposure law, codified at Virginia Code § 18.2-387, makes it a Class 1 misdemeanor to intentionally expose yourself in a public place or anywhere others are present. A conviction carries up to 12 months in jail and a fine of up to $2,500. When the conduct involves a child, prosecutors bring a separate felony charge instead, and some of those convictions require sex offender registration for years afterward.
What the Statute Prohibits
Section 18.2-387 covers anyone who intentionally makes an obscene display or exposure of their person, or their private parts, in any public place or in any place where others are present.1Virginia Code Commission. Virginia Code 18.2-387 – Indecent Exposure Two elements do the work.
The act must be intentional. Being seen accidentally while changing clothes or using a restroom is not enough for a conviction. And the location must be either public or somewhere other people are present, which courts read broadly.
The statute also reaches anyone who arranges or causes another person to make such a display. You can be charged even if you were not the person who exposed yourself, so long as you procured or directed the other person’s conduct.1Virginia Code Commission. Virginia Code 18.2-387 – Indecent Exposure
One explicit carve-out matters: breastfeeding a child in any public place or any place where others are present is not a violation.1Virginia Code Commission. Virginia Code 18.2-387 – Indecent Exposure
Misdemeanor Penalties
Every violation of § 18.2-387 is a Class 1 misdemeanor, the most serious misdemeanor classification in Virginia.1Virginia Code Commission. Virginia Code 18.2-387 – Indecent Exposure The statutory punishment is confinement in jail for up to 12 months and a fine of up to $2,500, either or both.2Virginia Code Commission. Virginia Code 18.2-11 – Punishment for Conviction of Misdemeanor
Section 18.2-387 does not contain a felony enhancement for repeat convictions. A second or third offense is still charged as a Class 1 misdemeanor under the statute. Judges do weigh prior convictions heavily at sentencing, so a repeat charge will typically draw a harsher sentence within that 12-month, $2,500 ceiling.
When the Exposure Involves a Child
Virginia prosecutors do not simply upgrade an indecent exposure charge when a minor is involved. They bring a separate offense under a different statute, with different elements and much higher penalties.
Exposure to a Child Under 15
Under § 18.2-370, any person aged 18 or older who knowingly and intentionally exposes their sexual or genital parts to a child under 15, with lascivious intent, is guilty of a Class 5 felony.3Virginia Code Commission. Virginia Code 18.2-370 – Taking Indecent Liberties with Children; Penalties The prosecution has to prove more than under § 18.2-387: the defendant must be at least 18, the victim under 15, and the exposure done with lascivious intent rather than merely intentionally.
A Class 5 felony carries a prison sentence of one to 10 years. Alternatively, the judge or jury may impose up to 12 months in jail and a fine of up to $2,500.4Virginia Code Commission. Virginia Code Article 3 – Classification of Criminal Offenses and Punishment Therefor – Section: 18.2-10
Exposure by Someone in a Custodial or Supervisory Role
A separate provision, § 18.2-370.1, applies to adults with a custodial or supervisory relationship over the child. An adult aged 18 or older who exposes their sexual or genital parts to a child under 18 in their care, with lascivious intent, commits a Class 6 felony.5Virginia Code Commission. Virginia Code 18.2-370.1 – Taking Indecent Liberties with Child by Person in Custodial or Supervisory Relationship; Penalties Note the higher victim age threshold, reflecting the special vulnerability of children in someone else’s care.
A Class 6 felony carries a prison sentence of one to five years, or, at the court’s discretion, up to 12 months in jail and a fine of up to $2,500.4Virginia Code Commission. Virginia Code Article 3 – Classification of Criminal Offenses and Punishment Therefor – Section: 18.2-10
Sex Offender Registration
Convictions for taking indecent liberties with a child under § 18.2-370 or § 18.2-370.1 fall within the offenses that require registration on Virginia’s Sex Offender and Crimes Against Minors Registry under § 9.1-902.
A standalone misdemeanor conviction under § 18.2-387 is not among the offenses specifically listed in § 9.1-902’s registration requirements.6Virginia Code Commission. Virginia Code 9.1-902 – Offenses Requiring Registration The registration statute is long and layered, though, with provisions covering third-or-subsequent convictions for certain sexual offenses. Anyone facing a repeat indecent exposure charge should treat registration as a real possibility and discuss it with an attorney before entering any plea.
For those who do end up on the registry, Virginia’s framework aligns with the federal Sex Offender Registration and Notification Act, which sorts offenders into three tiers:
- Tier I: in-person verification once per year for 15 years.
- Tier II: in-person verification every six months for 25 years.
- Tier III: in-person verification every three months for life.
The registry is publicly accessible, so neighbors, employers, and landlords can find the conviction. Failing to comply with registration requirements is itself a separate criminal offense.
Consequences Beyond the Sentence
Even without jail time, the practical fallout from a conviction is often heavier than the sentence. Virginia’s criminal records are available to employers, landlords, and licensing boards, and offenses with a sexual component draw particular scrutiny.
Professional licensing boards routinely review these convictions. Nursing, education, law enforcement, and childcare are especially unforgiving. A misdemeanor conviction may not automatically disqualify an applicant, but it triggers a review, and the burden shifts to the applicant to justify keeping or receiving the license.
For non-citizens, any conviction involving sexual conduct creates serious immigration risk. Depending on the facts and how the conviction is classified, it may be treated as a crime involving moral turpitude or an aggravated felony. Either can lead to removal proceedings or bar future immigration benefits, so immigration consequences should be evaluated before accepting any plea deal.
Federal law also restricts travel for registered sex offenders. Under the International Megan’s Law, the U.S. government notifies destination countries in advance when a registered offender plans to travel abroad, and registered offenders may face passport endorsements identifying their status. Foreign countries can and do deny entry on that basis.