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South Carolina Code 16-15-130. Indecent exposure; breastfeeding

(A)(1) It is unlawful for a person to wilfully, maliciously, and indecently expose his person in a public place, on property of others, or to the view of any person on a street or highway.

(2) This subsection does not apply to a woman who breastfeeds her own child in a public place, on property of others, to the view of any person on a street or highway, or any other place where a woman and her child are authorized to be.

(B) A person who violates the provisions of subsection (A)(1) is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.

Legislative history
1962 Code Section 16-413; 1952 Code Section 16-413; 1942 Code Section 1442; 1932 Code Section 1442; Cr. C. '22 Section 383; Cr. C. '12 Section 390; 1906 (25) 84; 1965 (54) 577; 1993 Act No. 184, Section 180; 2006 Act No. 269, Section 2, eff May 2, 2006.
Comments (8)add comment
Willamena: ...
If an elderly man, taking medication for urinary urgency, still cannot hold his urine and decides he must urinate on someone's property is this still indecent exposure? Thank you.
1

January 01, 2013
Willamena: ...
Regarding urinating in public, I meant to add that I am asking about SC law. Thank you.
2

January 01, 2013
Steven Daily: ...
Willamena,
I believe it would depend on the manner in which the man exposes himself and other circumstances, since the law is only violated if the man exposes himself "wilfully, maliciously, and indecently." For example, if he does so in plain view of others rather than discretely behind an available tree or bush, arguably the statute has been violated. Similarly, if he simply walks out of a bar after drinking a pitcher of beer and urinates on the first available lawn, the statute has been violated. In other words, having a urinary problem is not a license to urinate in public.

Steve Daily
LawServer.com
3

January 02, 2013
Tom: ...
what does his or her "person" mean? How would this potentially effect topless sunbathing at a public pool or beach?
4

January 29, 2013
Steven Daily: ...
Tom,

"Person" in this case most certainly includes genitals, buttocks, and female breasts. If female breasts were not included, then section (A)(2) would be meaningless, so yes, it does affect topless sunbathing.

Steve Daily
LawServer.com
5

January 29, 2013
b5: ...
Can an 11 yr old be charged with indecent exposure for mooning a bus driver? This occurred after school, off the bus, away from the bus stop? The school and officer questioned him 2 days later, then called parents and arrested him, criminal charges filed, school said that he'll be expelled and may have to register as a sex offender. This child is also disabled and classified as special needs.
6

March 20, 2013
Steven Daily: ...
b5:
This certainly seems like a miscarriage of justice. Hopefully the child is getting good experienced legal representation. I can only hope that the court sees that this type of incident hardly rises to the level of indecency intended by the statute. After all, buttocks are regularly shown on TV, and mooning is one of the most time-honored childhood pranks I can think of.


Steve Daily
LawServer.com
7

March 20, 2013
Erica: ...
Is a man sitting outside in his boxers throughout the day and shirtless considered indecent exposure? There are many children around that do not need to see this. Thanks!
8

July 30, 2013

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